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11/13/198492 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA November 13, 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. Tuesday, November 13, 1984. ROLL CALL PRESENT: Councilmembers Heinsheimer, Murdock, Swanson Mayor Leeuwenburgh ABSENT: Councilman Pernell (arrived at 7:50 p.m.) ALSO PRESENT: Joseph Leach City Manager Michael Jenkins City Attorney June Cunningham Deputy City Clerk Harry Kondo County Engineer George Sweeney Architect Richard Esposito Palos Verdes News William Field Resident Jan Ferris Resident Evelyn Hankins Resident APPROVAL OF MINUTES 1685 The minutes of the meeting on October 22, 1984 were approved and accepted as.presented on a motion made by Councilwoman Murdock, secon- ded by Councilman Heinsheimer and carried unanimously. PAYMENT OF BILLS Councilwoman Murdock moved that Demands No. 380 through 411, 413 through 415, and 11765 and 11766 be approved for payment in the amount of $27,647.91 from the General Fund, and that Demand No. 412 in the amount of $3,440.21 be approved for payment from the Fire and Flood Self Insurance Fund. 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. PUBLIC HEARING CONTINUED - LOT 12 -FT, 53 PORTUGUESE BEND ROAD 1725 Mayor Leeuwenburgh announced that the hearing on abatement of a nuisance on Lot 12 -FT owned by Mr. William Clayton and located at 53 Portuguese Bend Road was still open, and invited comment. The City Manager circulated photographs ..taken• .earl:ier i -n the week which showed the condition of the property, and a list of materials still remaining on the property on November 9, 1984, prepared by Mr.. Harry Kondo, District Engineer, was presented to the Council. Mr. Kondo said the condition of the property is in violation of the Municipal Code, and abatement should be accomplished by enforcement of the Code. The City Manager reported that a small trailer has been parked .on the property, and the registered owner has said it is there with the knowledge and permission of the property owner. Mr. Leach said there has been no progress on clean up of the property since the matter was discussed at the last Council meeting, and he said the City Attorney is prepared to advise the Council on the options available for enforcement of the Code. Mr. Jenkins reviewed options available including closing the public hearing, declare the property to constitute a public nuisance based on 18 conditions on the property submitted by the County Engin- eer which are in violation of the Municipal Code, then either order the conditions abated by forces of the City at the ultimate expense 93 November 13, 1984 of the property owner through a lien, with placement of all costs on ' the tax rolls, or in the alternative, by filing of a criminal complaint in the Torrance court against the owner of the property, alleging.mis- demeanor violation of the Municipal Code for allowing the condition to remain on the property. Another alternative would be to terminate the matter without any action, the Attorney said. Mayor Leeuwenburah closed the public hearing. U. The Mayor asked Mr. Kondo to address the Council and elaborate on the violations on the property for the record. Mr. Kondo reviewed the list, including rubble and debris on the property, and he said the gar- age, which is deteriorating, is a public nuisance, and should be demo- lished. Councilman Heinsheimer asked whether the City could take some preliminary steps to clear the property while criminal -charges are be- ing prepared. Mr. Jenkins said it is doubtful the'City could recover any of the costs, since the property will not have much value; he . said provisions for rehabilitation in,the Building Code are substantially the same as requirements for abatement of nuisance in the Municipal Code, and the City could hire a contractor to clear the property. In response to questions to Mr. Kondo, he explained that,the County, if LD requested by the City, would hire a private contractortobring the property into compliance with the Municipal Code, with all costs to be L.L paid by the City, and inspections and technical assistance would be provided by the County. Mr. Kondo said an earlier estimate to clear ca the property was $5,000 to.$6,000, but.a current estimate has not been made. Councilwoman Murdock asked whether the City could ask the.County to take care of the abatement of hazardous conditions, and*file.charges against the ownerfor removal of debris and rubble. Mr. Jenkins. said that could be done. Councilwoman Swanson asked Mr. Kondo if the sub- standard condition of.the,property is dangerous or potentially danger- ous. Mr. Kondo answered affirmatively. Mayor Leeuw'enburjzh asked the City Attorney about the time.frame if criminal charges are filed. Mr. Jenkins said the matter should be scheduled for arraignment .approximately two weeks after Charges are filed. He( -explained that the defendant will be notified of the date, time and location of the arraignment, and at the arraignment the de- fendant will'be given an opportunity to plead guilty or'not guilty, or request st an extension for time to obtain a lawyer, and if requested an extension is usually for two weeks.. A pre-trial date is scheduled with two to three weeks from the arraignment date, and the defendant is given an opportunity to discuss with the prosecutor' whether or not he is willing to enter a plea in order to dispose of the case; if not a trial date -is set within three weeks after the pre-trial date. Councilman Pernell said he agreed that hazardous conditions should be separated, if possible, from non -hazardous conditions, for immediate attention. Councilman Heinsheimer suggested that criteria be estab- lished for bringing properties into abatement, using the'technical- assistance of the County. Mr. Leach noted that slab's have been per- mitted to remain on other properties in the area. The City Attorney recommended that the Council direct that criminal. proceedings be initiated at the earliest possible time, and also request that the Building Official provide the City with an estimate of the cost of abating the conditions, broken down to show the cost for removing ,the mobile item's which are not attached, and permanent items, including the slab and foundation, to aid the Council in determining how to proceed. If his recommendation is accepted, Mr. Jenkins said he will prepare a list of conditions on the property which are in violation of the Muni- cipal Code. Councilwoman Swanson moved that -the staff report be accepted, findings in the matter as presented by the Building.Offitial-be , adopted, that the Council find that a public nuisance exists on'the property, in that conditions which have been recited represent vio- lations of the Municipal Code and the Building Code, adopted by refer' ence in the Municipal Code, and that the City Attorney be directed to institute criminal proceedings against the owner. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: sm November 13, 1984 AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson Mayor Leeuwenburgh NOES: None ABSENT: None PROPOSITION "A" FUNDING, TRANSIT FUNDS 1936 Councilwoman Swanson reported that a questionnaire about trans- portation needs in the community was sent to each household in the City and 47 responses were received; 28 responses indicated a wish.to have some kind of occasional transportation to fill certain needs and 19 responses were opposed to any kind of transportation. The major- ity of questionnaires returned had no suggestions; three suggested that the money accrued to the City be used for other purposes. Of the responses in favor of transportation, most of the requests were for transportation to school and recreation; there was no -indication of a need for transportation to get to work. Based on the survey, Councilwoman Swanson said it is apparent that a need for transporta tion in Rolling Hills has not been demonstrated. She said the needs expressed in the 28 questionnaires in favor of some type of transport- ation should be considered, -and she asked that the City Attorney be requested to present an opinion regarding the permitted use of the. - roads in Rolling Hills by a demand/response service. Councilwoman Swanson also asked that the.City Manager be authorized to explore u's.e -of the funds accrued to Rolling Hills, specifically how they could be traded for money or service, and whether the City's funds could be' used for capital improvement of public transportation in the South Bay area. She explained that a decision must be made regarding use of the $47,000 accumulated by May or June, 1985. Mayor Leeuwenburgh thanked Councilwoman Swanson for her report, and directed the City Manager to explore options for use of transpor tation funds and report -.to the Council. Mrs:: Jan Ferris, 50 Eastfield Drive, said she had discussed the questionnaire with other residents, and it was her opinion that it was not specific enough with regard to options available. Council- woman Swanson explained that the intent of the questionnaire was to'' make a survey of the needs of..the community, rather than to make a presentation of what might be available. The City Manager said it is his opinion that the response indicate that a need for transit;in Rolling Hills has not been demonstrated. PENINSULA TRANSPORTATION COMMITTEE Mayor Leeuwenburgh reported that the Peninsula Transportation Committee will meet on Tuesday, November 20, 1984 and the City Manager and Councilwoman Swanson will attend. PLANNING COMMISSION ACTION, OCTOBER 16, 1984 - HARALAMBOS 2125 The'City Manager reported that at a meeting of the Planning . Commission on October 16, 1984 a request for a Variance of Maximum Fill Slope Requirements on Lot 57B -2 -MS, owned by H. T. Haralambos" and located at 1 Caballeros Road was approved. The information was received for the file. MATTERS FROM THE CITY ATTORNEY Mr. Jenkins requested a closed session at the completion of regular business before the Council. MATTERS FROM THE CITY. COUNCIL GRADING AT 5 CHUCKWAGON ROAD 2336 Councilwoman Swanson said she has expressed her concern about the amount of grading being done on property at 5 Chuckwagon Road, and she asked that the work be stopped until a Variance has been obtained. Mr. Kondo said the lot is being re -worked, soil is being removed and will be recompacted, and the resulting lot will be returned to the original -3- November 13', 1984, contours. The pad elevation will be within the confines -of 'the ordinance, since the pad elevation is shown half way between the cut and fill, and the interpretation made by the County is that the 30 foot cut and 30 foot fill limitation will not be exceeded. Council- woman Swanson said it will not be in compliance, since the excavated slope will not be.2:1as required. Mr. Kondo said he was advised by Mr. McHattie, the engineer for the resident, thatthe grading has been approved as shown on the plan. Councilwoman Swanson urged that the City act to prevent a recurrence of the type of grading being done on the Chuckwagon property. Councilman Heinsheimer suggested that the City Council review the requirements in general, not with regard to any specific grading project, to determine whether the City should become more involved in monitoring grading projects. He said Mr. Kondo and staff should work together to eliminate ambiguities in interpretation of.the City's regulations and ordinances. Council- man Pernell said" there is a difference between regulations pertaining to cut and fill limitations and.re-working a lot to increase stability. Following discussion'Councilman'Pernell moved that the City's. grading requirements be referred to the Planning Commission for review of policies and procedures, and a review of the fundamental steps from permit issuance to final inspection to determine whether monitoring procedures should be established. The motion was seconded by Council- woman Swanson and carried unanimously.* Mayor Leeuwenburgh thanked Mr. Kondo for his appearance before the Council. PENINSULA YOUTH ON PARADE 2410 Mayor Leeuwenburgh announced that the annual Peninsula Youth on Parade will be held on January 5,'1985, and information for, participation will be provided to the Council when received. INCORRECT INFORMATION FROM REALTORS - 2422 Councilman Heinsheimer said he had received a copy of a flyer pro -pared by a realtor offering property in Rolling Hills for sale,. and implying that certain.impro . vements had been or would be approved: for that particular property. He asked that a letter be written to the Community Association requesting that the offending realtor be prohibited from entering into and doing business in Rolling Hills until the information has.been corrected. The City Manager said the realtor has been in touch with him and has advised that the in- correct information will be corrected. LANDSCAPING - CITY HALL GROUNDS AND MAIN GATE AREA Mayor Leeuwenburgh reported that workhasbegun on landscaping in the area of the Main Gate and City Hall property. APPOINTMENT TO TRAFFIC COMMISSION 2466 Mayor Leeuwenburgh recommended that Dr. Thomas Wieher,.8 Flying Mane Road, be appointed to' the Traffic Commission to fill'a-vacancy which has occurred because of the resignation of Board of Directors Member Betty Bathgate. The Mayor said all terms on the Commission will be re -appointed in January 1985. The recommendation to appoint Dr. Wiener was approved in a motion made by Councilman Heinsheimer,. seconded by Councilman Pe'rnell and carried unanimously. TRAFFIC COMMISSION Mayor Leeuwenburgh, in her capacity as Chairmanofthe Traffic Commission, said she wished to have a teaching ex�.ert work with the Traffic Commission in the field for one half day, and would advise the Council of the cost before proceeding. MATTERS FROM THE CITY MANAGER 2410 REQUEST FOR ADDRESS CHANGE The City Manager reported that Mrs.'Joseph,Carey, 6 Johns Canyon -4- 95 - November 13, 1984 Road, has requested that her address be changed to 10 Johns Canyon Road, since her home is located between 8 and 12 Johns Canyon Road, the numbering sequence causes confusion for guests and deliveries, and could have a serious impact in an emergency. The Manager reported that No. 10 is not currently assigned to any residence on Johns Canyon Road, and assignment to the Carey property -would provide an immediate solution to the problem without affecting any other property. The request was approved in a motion made by Councilman Heins- heimer, seconded by Councilwoman Murdock and approved unanimously. CLAIMS AGAINST CITY Claims against. the City filed on November 5, 1984 by owners of eleven parcels in the Flying Triangle were denied and referred to the City Attorney in a motion made by Councilman Heinsheimer, seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock; Pernell, Swanson Mayor Leeuwenburgh NOES: None ABSENT: None PROPOSED PLAN OF CONTROL FOR COYS/DOGS IN PACKS The Manager presented proposals from the Los Angeles County_ Agricultural Commissioner and the Society for the Prevention of Cruelty to Animals for bringing under control the problems of coys . and non-domestic dogs running in various residential areas of the. City. The City Manager recommended that the Council authorize the S.P.C.A. to proceed with their proposed plan of control which con- sists of establishment of a feeding program, use of tranquilizers in the food, and capture of the tranquilized animals, at a cost of $16.50 per hour for approximately 50 hours. Mr. Leach explained that a similar program had been used in Rolling Hills Estates, and had resulted in capture of -four dogs. He said it was noted that the problem was. particularly severe during recent hot weather, and it is thought that the need for water may have contributed to the problem . of coys and wild dogs appearing in residential areas. , Councilwoman Swanson moved that the proposal submitted by the S.P.C.A. be approved, at a cost not to exceed $1,000, and to be implemented at an appropriate time which is to be determined by the City Manager and Humane Society personnel. The motion was seconded by Councilman Heinsheimer and carried unanimously. RENEWAL OF MAINTENANCE CONTRACT, AIR CONDITIONING EQUIPMENT 134/2 The Manager submitted a contract for annual maintenance of air conditioning equipment at 2 Portuguese Bend Road, prepared by Aircon Environmental Control Corporation. Renewal of the contract was ap- proved in a motion made by Councilwoman Murdock, seconded by Council- man Heinsheimer and carried unanimously. PROPOSAL FOR PARTICIPATION IN DUI ENFORCEMENT PROGRAM A letter dated November 1, 1984 from Captain Elmer Omohundro, Commander of the Sheriff's Lomita Station advised that a proposed Region D.U.I. enforcement program would consist of a special two man traffic unite which would be deployed on Friday, Saturday, Sunday and Monday nights in six hour increments for the specific purpose of ap- prehending intoxicated drivers, and the cost for the unit on two con- secutive weekends, beginning Friday December 21, 1984 and continuing through Monday, December 31, 1984 would be 5.58% of the Regional juris- diction's cost, or $206.00 for participation by the City of Rolling Hills. Participation in the program was approved in a motion made by Councilman Pernell, seconded by Councilwoman Murdock and carried unan- imously. -5- - 14 F November 13, 1984 HOLIDAY CLOSING POLICY M Mayor Leeuwenburgh distributed copies of a communication from staff, signed by personnel employed by the City of Rolling Hills and the Rolling Hills Community Association, requesting that the Council consider closing City Hall between Christmas and New Year's Day, and offering to give up observance of four current holidays in exchange. Staff has offered to work on Martin Luther King's Birthday, which will become a holiday in January 1985; Lincoln's Day, February 12; Admission Day;. September'*9; and Veteran's Day, November 11; since other City offices on the Penin- sula are open for business on those days, and the City of Rancho Palos Verdes and the School District close between Christmas and:.New Year's Day. Following discussion of the proposal the Council.directed staff to monitor the business activity during the 1984 holiday season, and report at the first Council meeting in January 1985 for further discus- sion and consideration forthe1985 holidays. GRADING AT 5 CHUCKWAGON ROAD- 228/2 Councilwoman Swanson requested that a report by the City Manager on the 1 1/2:1 grading being done at 5'Chuckwagon Road be scheduled as an agenda item for discussion by the City Council at the next meeting. ADJOURNMENT TO CLOSED SESSION . - Mayor Leeuwenburgh adjourned zthe,meet..ing.to-a closed session at 9:30 p.m. The meeting was reconvened at 10:35 p.m. and the Mayor announced that the Council discussed impending litigation., .. ADJOURNMENT . The meeting was adjourned at 10!40 p.m. to Monday, November 26, 1984. The Mayor announced that the Council will meet at 7:00 p.m. on that date for a personnel session, and the regular meeting will be convened at 7:30 p.m. __C0'% -VN . VkA4 1 Mayor j/ City Clerk