Loading...
7/21/198465 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 21, 1984 An adjourned meeting of the City Council of the City of Rolling Hills was called to order in the field by Mayor Leeuwenburgh at 8:00 am Saturday, July 21, 1984. PRESENT: ABSENT: ALSO PRESENT: Councilmembers Heinsheimer, Murdock, Pernell Mayor Leeuwenburgh Councilwoman Swanson Ron Molendyk Lowell Lusk Douglas Mc.Hattie James Collis City Manager President, Board of Directors, RHCA South Bay Engineering Corp. . Chacksfield Merit Homes Corp. TRACT 33871, CHACKSFIELD MERIT HOMES U) The meeting convened at the site of the Chacksfield Merit property, located in the City of Rolling.Hills between Johns Canyon Road and. Crenshaw Boulevard. Members met at the intersection of proposed. Morgan Lane and Johns Canyon Road. Conditions of approval were discussed, and m with respect to the applicant's request for modification of two of the Q conditions, Mr. McHattie, engineer for the applicant, advised the Coun­� cil that pursuant to Section 66462.5 of the:Subdivision. Map Act, approval of the final.map cannot be refused because of off-site improvemel�t requirements on land not belonging to the subdivision or local agency. Members of the Council discussed with Mr. Lusk whether requests per- tinent to easements*should.be discussed by the Council, or should.be referred to the Community Association, which.control_s the easements. Provisions for emergency access to the property was discussed. Further. *' action on the tract was deferred to the regular meeting of the City Council on Monday, July 23, 1984 at 7:30 P.M. FLYING TRIANGLE Members of the Council proceeded to the Flying Triangle area. An inspection of above ground installation of utilities and changes in the -active slide area were inspected and discussed. A request by Mr. F. W. Hartwig for placement of a house trailer on his property tempor- arily while repairs are made to his home was discussed briefly. Dis- cussion of the slide area -was deferred to the next regular meeting of the City Council. ADJOURNMENT The meeting in the field was adjourned at 11:00 a.m. to Monday, July 23, 1984 at 7:30 P.M. City Clerk\ APPROVED: 1 n t Nv. �e- to � ta-.-la u PE� Mayo MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA July 23, 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 Leeuwenburgh at 7:30 P.M. Monday, July 23, 1984. ROLL CALL PRESENT: Councilmembers Heinsheimer, :Murdock, Pernell, Swanson Mayor Leeuwenburgh ABSENT:_ None ALSO PRESENT: Ron.Molendyk City Manager Michael Jenkins City Attorney June Cunningham Deputy City Clerk Don Bailey Southern California Edison Capt. E. Omohundro Sheriff's Lomita Station William Smiland Attorney James Collis Chacksfield Merit Homes Douglas McHattie. South Bay Engineering Corp. Richard Esposito Palos Verdes News Michael Grant Observer Allison.McMahon Observer Marc Kamen Residents Lowell Lusk F. W. Hartwig William Peters Mrs. C. Spellberg APPROVAL OF MINUTES 790 The minutes•�of a regular meeting on July 9, 1984 and an adjourned meeting on July 10, 1984 were approved and accepted as presented on a. motion made by Councilman Pernell, seconded by Councilwoman Murdock and carried unanimously. FINANCIAL STATEMENT .The Financial Statement for June 1984 was accepted and approved as presented on a motion made by Councilwoman Swanson, seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: -Councilmembers-Heinsheimer, Murdock, Pernell, Swanson Mayor Leeuwenburgh NOES: None ABSENT: None PAYMENT OF BILLS Councilwoman Swanson moved that Demands"No. 183 through 211, and 11736, 11737 and 11738 in the amount of $15,991.43 be approved for payment from the General Fund; that Demands No. 195 and 210 in the amount of $263.11 be approved for payment from the Fire and Flood Self Insurance Fund, and that Demands No. 182 and 201 be voi- ded. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: = AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson Mayor Leeuwenburgh NOES: None ABSENT: None July 23, 1984 TENTATIVE TRACT 33871, CHACKSFIELD MERIT HOMES 836 Mayor Leeuwenburgh opened a public hearing to consider modifica- tion of conditions of approval of Tentative Tract 33871, a subdivision of 20 acres of land owned by Chacksf ield Merit Homes, and located in the City of Rolling Hills between Johns Canyon Road and Crenshaw Boule- vard. The City Manager explained that when the tentative tract was approved by the City Council on January 10, 1983, twenty six condi- tions were attached to the approval. The final map has been prepared and was submitted to the Council at the July 9, 1984 meeting, with a request that relief be given on conditions #25 and #26, since the.ap- plicant was advised that those conditions are not acceptable to the Rolling Hills Community Association. The Mayor invited comment from persons present at the hearing. Mr. Douglas McHattie, South Bay Engineering, spoke on behalf of the applicant, and said the Subdivision Map Act is explicit in Section 66462.5 that approval of a final map cannot be refused because of off- site improvement requirements on land not belonging to the subdivision or local agency. At the request of Councilwoman Swanson, the M&hager. read conditions #25 and 26 into the record. Councilman Pernell asked the City Attorney whether the applicant was correct regarding the jurisdiction of the City with regard to the conditions. Mr. Jenkins said that when the Shultz property was subdivided in 1973 an offer was made to the City for dedication of easement -for future street purposes and was not accepted at that time, but the City could still accept it, thereby giving the City the legal right to require the conditions. Mayor Leeuwenburgh asked if there was a time limit for acceptance of the offer. The City Attorney said there is an indeterminate tlme'for acceptance of an irrevocable offer. Councilman Heinsheimer said that it is his understanding that if the Association had accepted the.offer of dedication of the easement, it would have to be maintained the same as other roadways in the community, and the City could them impose the condition to have emergency access or trail. Councilman Pernell asked whether the offer of dedication was made to the City or Association. Mr. Jenkins said the offer is made in the context of the final map -to be approved by the City, and if the offer is accepted the roadwork is done at the expense of the subdivider, and is maintained by the''Rolling Hills Community Association. Councilwoman Murdock said the Rolling Hills Community Association does not want the easement or the`fe'n-ce specified in conditions #25 and 26, and the City does not have,.authority to enforce the conditions. Mr. Lowell Lusk, president of the Board of Directors of the Rolling Hills Community Association said the offer for dedicationas a condition of approval of the Shultz subdivision final - map is not pertinent to the Chacksfield-Merit tract.- The City Attorney, said off site improvements can be required if it is deemed necessary . to mitigate the impact of a subdivision, and the City can require the.. condition for access by requiring that the subdivider improve an un- improved easement in order to provide access to the subdivision. Mr. Lowell Lusk, Rolling Hills Community Association,presidentt.••. said the Board made a field trip and their recommendation was reported in the minutes of the Board meeting on July 21, 1983. Councilwoman Murdock said the Board's recommendation was not a part of the final :nap. Councilman Pernell asked whether the Board's recommendation - could be substituted for the conditions of approval imposed by the Council. The City Attorney read the Board's recommendation intoe -the record and said the conditions could be modified by substituting. -the recommendations and making them part.of the conditions of approval. Councilman Heinsheimer asked whether the City has the authority to convey requirements for clearing of easements and changing the.loca.- tion of the trail, and the City Attorney replied in the affirmative. Mr. William.Smiland, attorney for the Shultz family, said -an., effort should be made to take into account the legitimate inter.e.sts of the community with respect to access and trails, and also.the°:. legitimate interests of the property owners in the area. He said it is a good thing for a developer to develop his property, and is desirable that this.be accomplished without burdening other_owne:rs of property -and -he suggested that rather than attempting to nego__ tiate the matter, representatives of the interested parties -should tr:eet to draft a proposal to the City supported by the Community,;.,_ -2- July 23, 1984 Association, the subdivider and Mr. Shultz. Councilman Pernell said that when Mr. Shultz subdivided his property in 1973 he made certain offers which were not considered burdensome; he asked why the offers which were made in good faith at that time are now considered to be a burden on Mr. Shultz. Councilwoman Murdock said it is her under- standing that Mr. William Kinley, Association Counsel, has in his files a'letter from Mr. Shultz offering emergency access on the pri- vate road serving his property from Crenshaw Boulevard in case of emergency. The City Attorney said there is reference to the letter dated June 30, 1983 in the July 12, 1983 minutes .of the Board of Directors meeting. Members of the Council agreed that as reported In the minutes, the letter offered the emergency access based on a request for other considerations, and is not an unequivocal offer to permit use of the road in an emergency. Mr. Jim Collis, president of Chacksfield Merit Homes, said he has been working on the subdivision for more than -seven years, the conditions which were established by the City Council are not accept- able to the Community Association, and he asked for clarification regarding his next step, stating that he has worked diligently to try to meet the conditions, but the Association isadamant in not wanting a trail in the location designated by the City. Mr. Collis said he does not think he.should be required to enter upon another property to make improvements without the permission of the property owner. Mr. Lusk explained that the discussion is about a non-exclusive easement, and the Community Association has the right to use the easement. Mr. Collis said that if it is determined by the Association that access over an easement between two properties is desired., and if permission were granted by the property owners, Mr. Speranza and Mr. Shultz, to make the improvements, he would be willing to do so, as he. stated in the field.when he met with the City Council. Mr. Lusk said the Community Association can approve use of the easement, explaining that the Association can place a lien on property to accomplish the clearing of easements and removal of structures and other obstructions. Councilman Heinsheimer said the subdivider could be required to bond for the improvements and the City and Association could determine what they require, with the improvements to be made within a specific time, and.the City and Association working with the property owners to en- force the requirements that the subdivider has not been able to com- plete. Mr. Collis said he believes the Council established.conditions they°thought could be met, and he would be willing to bond for improve- ments with the condition that the money be used within a reasonable time and only for the stated purposes. Mr. William Peters said the offer to permit use of a private drive for emergency access was made, based on a condition that the southerly access to the tract be approved. He said that there is no record that the emergency access was requested by the Sheriff, Fire Department, Caballeros, or other organization, and he questioned the need for such access. Mayor Leeuwenburgh thereafter closed the public hearing. In discussing the matter, Councilwoman Swanson said it appears that the major concerns are emergency access and preservation of the trail, and the record reflects that the offer for emergency access has been made and requirements for a trail easement can be satisfied. She said requirements for a fence, imposed by the City, should be .deleted, since it is the Association's wish that the -fence not be. installed. She agreed that bonding for specific improvements to be made withina specified time would be a good alternative. Council- man Heinsheimer said that in addition to the modification of condi- tions of approval, the final map is before the Council, and it can be approved, denied or new conditions can be imposed; and he suggested that the conditions be modified to remove the burden from the devel- oper and to place the authority with the City, the Association and, the property owners. Councilwoman Murdock moved to substitute for Condition No. 25 the requirement that the subdivider provide or bond for, in an amount to.be determined by Rolling Hills staff, a three rail Rolling -Hills - type fence along the easterly easement parallel with the Speranza and Shultz properties; the fence to be constructed with bolts and 4 x 4 posts with 2 x 6 rails, and that an equestrian crossing be provided -3- July 23, 1984 or bonded for in an amount to be determined by Rolling Hills City staff} -across Morgan Lane at the Johns Canyon intersection and across Morgan -Lane at the southwest corner of the Speranza property; and to substitute for Condition No. 26 thatthe developer clear the westerly easement on the Speranza and Shultz properties or provide equivalent easement between Johns Canyon Road and the Chacksfield Merit tract, as well as a ten foot easement along the Chacksfield tract to provide or bond for a bridle trail. Existing trees to be lifted and trimmed to 14 feet or higher, eucalyptus compactus and other debris to be removed from the site, barbed wire and all debris to be cleared.from the entire 20 foot easement area, with the trail to meander between large eucalyptus trees. The bonding for the purpose of providing, future trail improvements in an amount satisfactory to the developer, Rolling Hills City staff and Rolling Hills Community Association staf is to be provided by the developer. Bond is to be held for a period not to exceed three years. If, at the end of the three years the trail improvements have not been substantially completed by the Roll- ing Hills Community Association on its easements at the developer's expense, the bond will be returned to the developer and the condition will be void. Following a discussion regarding return of the deposit in the event the work is not done within the time limit set forth, or a portion of the deposit if a. -decision is made after work has been started that it.should not be completed, Councilwoman Murdock asked that the last sentence of the motion be reworded to read: If at the end of the three years the trail improvements have not been substan- tially completed by the Rolling Hills Community Association on its easements at the developer's expense, the unused portion of the bond will be returned to the developer and the condition will be void. The motion was seconded by Councilman Heinsheimer and carried by. the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock, Pernell,.Swansori Mayor Leeuwenburgh _ NOES: None ABSENT.: None The City Attorney advised the Council that the action taken approved modification of conditions of approval following a public hearing on the matter, and that further actionwould be necessary in order to approve the final map as modified,.and he recommended that staff be instructed not to sign the linen original of the final map until the amount of bonding has been established and approved. Councilman Heinsheimer moved that the final map for Tract 33871 be approved, subject to modification of Conditions No. 25 and -26 of the Conditions of Approval of the Tentative Map, and that staff be instructed to defer signing of the linen original of the final map until bonding in an amount satisfactory to.the developer, Rolling Hills City staff and Rolling Hills Community Association staff for improvements as specified in the substitute conditions as written in the minutes has been submitted. The motion was seconded by . Councilwoman Murdock and carried by the following roll call vote:. AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson Mayor Leeuwenburgh NOES: None ABSENT: None RECESS Mayor Leeuwenburgh welcomed Captain Elmer Omohundro of th6 Sher- iff's Lomita Station and Mr. -Don Bailey, Area Manager of Southern California Edison Company to the meeting, then declared a brief recess at 9:40 P.M. -4- July 23, 1984 MEETING RECONVENED Mayor Leeuwenburgh reconvened the meeting at 9:50 P.M. PLANNING COMMISSION ACTION AND RECOMMENDATIONS 1945 Zoning Case No. 296, Shurl Curci, 85 Saddleback Road The City Manager advised that a Variance of front yard require- ments for construction of an addition .to an existing garage which projects into the front yard at 85 Saddleback Road was approved for Mr. and Mrs. Shurl Curci at a regular meeting of the Planning Commis- sion on June 19, 1984. The information was received for the file. Special Permit No. 2; F. W. Hartwip,, 3 Pinto Road The Manager advised that a request by Mr. IF. W. Hartwig for per- mission to place a house trailer temporarily on his property at 3 Pinto Road during repair of the house foundation was approved by the Planning Commission at a -regular meeting on July 17, 1984, and was referred.to the City Council for review. In discussing Mr. Hartwig's letter of application dated July 17, 1984 and minutes of the Planning Commission meeting it was noted that the Planning Commission made a field trip to the site. Further, it was determined that the request complies with requirements of Ordinance No. 187, noting that although the house is presently habitable, it will become uninhabitable as specified in Section 3, paragraph (a) when work commences, -and that the intent of Section 4, paragraph (b) with regard to sewage disposal has been met by recent work'on the system as outlined in Mr.'Hartwig's letter. For' clarification the City Attorney explained that an existing system can be used if it is operable.' Councilwoman Swanson moved that the City Council support and re affirm the Planning Commission's action in approving temporary place- ment of::a house trailer on property located at 3 Pinto Road and owned by Mr. and Mrs. F'. W. Hartwig, subject to conditions for bonding and time limit as imposed by the Planning Commission, and subject to.find- ings that Section 3, paragraphs (a), (b) and (c) and the intent of Section 4, --Ordinance No. 187, have been met. The motion.was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock, Pernell,.Swanson Mayor Leeuwenburgh NOES: None ABSENT: None PROPOSITION "A" TRANSPORTATION FUNDS 2050 The Manager reported that alternatives for use of Proposition A funds for transportation were presented to the City Council at a meeting on July 2, 1984, and he said the Managers of cities in the area have discussed trading services as a potential use of the funds_. Mr. Molendyk said the matter will be pursued and a recommendation will be made in the near future. Councilwoman Swanson said a firm direction for use of funds should be given to the City Manager so he will know which of the options available would be most acceptable to the City, noting that most cities are anxious to use available funds for road purposes, which is an option not open to Rolling Hills .because of the private roads in the community. She suggested that the Council request input from the residents, and said a questionnaire in the Newsletter could help determine whether the community would .want a van or equivalent: service, contract for transportation, contract with another city for transportation or none of the above. The Mayor said a committee will be appointed to study proposals as they are re- ceived, and she said that in the absence of any firm recommendation from the City Manager the matter will be held on the agenda, including a decision on whether to send a questionnaire in the Newsletter, and appointment of a committee. Councilwoman Swanson said she thought the Council should determine what the community wants before consider- ing proposals or making recommendations. The Manager said he would discuss the matter with the other city managers to determine what is available for the money Rolling Hills has in the fund. -5- July 23, 1984 MATTERS FROM THE CITY COUNCIL 2154 Councilman Pernell said that in reviewing the report of the South Bay Burglary Team and the weekly report of the Lomita Sheriff's station he noted that no traffic citations have been given so far in July. The Mayor said the League of California Cities will meet on August 2, 1984 and South Bay Cities will meet on July 26. Council- woman Swanson said benefits of P.E.R.S. will be discussed at the South Bay Cities meeting. Councilwoman Swanson said. she plans to attend the Regional Sher- iff Services meeting on Tuesday, July 24 at Rolling Hills City Hall. ADJOURNMENT TO CLOSED SESSION The meeting was adjourned at 10:25 to a closed session. Mayor Leeuwenburgh reconvened the meeting at 11:55 P.M. and announced that the Council discussed potential litigation, and that no decision was reached. The meeting was then adjourned to a personnel session. The meeting was reconvened at 12:15 A.M. July 24, 1984 and was adjourned to the next regular meeting on August 13, 1984 at.7:30 P.M. APPROVED: L& a &A I-& _&&tA 6 "V!%, Mayor Cilty Clerk J I I