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1/13/1986 ��4 6 . MINUTES OF A T_tEGULAR �"TEETING OF THE CITY COUNCII� � . CITY OF ROLLING HILLS, CALIFORNI�1 � January 13 , 1986 � 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 Heinsheimer at 7 :30 p.m. � Monday, January 13, 1986� � � • ROLL CALL ' PRESENT: Councilmeffibers Leeuwenburgh, MurdocFcy Pernell, 5waflso� � Mayor Hefnshei:ner �` b ' ABSENT� None AI;SO PR�SENTa Terrence I,e Belanger City Manager Michael Jenkins City Attomey June Cunningham City C1erI� Captain Eo Omohundro Sheriff`s I,omita Station - Anne I.aJeunesse Palos Verdes PeninsuTa News Ann �ohnson Los Angeles Times CONSENT CALENDAR Councilwoman Leeuwenburgh aslced that Payment of �ills be reBioveci from the consent calendar. The Mayor so ordered. Councilman Pernel.l moved that the remaining items on the Consent Calendar be approved. The motion was seconded by Councilwoman Leeuwenburgh and carried unani- mously. APPROVAL OF I"IINUTES The minutes of adjourned meetings on January 6 and January 9 , .198fi .. were approved and accepted as presentede � DEPARTMENT OF PUBLIC WORKS LETTER RE : TRACT 33871 4 In a letter dateci December 17 , 1985 from the Department of Publ:ic Works , the City Engineer a�vised the Council that all work guaranteed by Bond No. 3 SE 344 659 for monumentation in Tract No. 33871, Chacks- field Merit Homes, has been completed to the satisfaction of the City Engineer, Evidence of payment to the private surveyor for completion of the monument work has been submit�ed, and the Deputy City Engineer recommended that the City Council approve the work and exonerate th�e Bond in the amount of $2,800 held by American Manufacturers Mutual Insurance Company, and to advise the suretyy principal, and City Engineer of the Council' s action. The recommendation was approved. PLANNING COMMISSION ACTION The Planning Commissian`s action on December 17, 1985 was reported to the Council. No action was taken, and the approval of a side yard setback variance �:to Frank Torino for an "as built" waterfall at 5 Crest Road West, Zonirig Case No. 322, and denial of a Conditional Use Permit for construction of a tennis court requested by Paul Lupo, 4 Georgeff Road, Zoning Case No. 323, were ratified by the Council. The i+�ianager reported that Mr. Lupo has indicated that he will appeal the denial, and requested an extension of the 20 day appeal period, which was grante� PAYt�NT OF BILLS Councilwoman Leeuwenliurgh asked that Demand No. 1101 in the amount of $6, 879. 72 payable to Traff ic Operations, Inc. be removed from the list of demands , stating that she wished to discuss the billing with Traffic Operations . Couricilwoman Swanson asked the Manager to explain Demand No. 1106 in the amount of $1,000 to Site Schemes . Mr. Belanger said the Tennis Club has ordered new benches for the tennis courts, and aksed that the City pay the required $1,000 deposit from funds allocated in the budget for recreation expense, with the balance to be paid by the i January 13, �9s6 � 2 4� Tennis Club. in the amount of approximately $1700. Councilman Pernell asked that Demand No. 1106 be removed from the list of demands until the tennis courts are re-opened. � Councilman Pernell moved that Demands No. 1082 through 1100; 1102 through 1105, and 1107 ; also 11843 through 11845 be approved for ayment from the General Fund, and that Demand No. 1091 in the amount of �1877 . 80 be approved for payment from the Fire and Flood Self Insurance Fund. The motion was seconded by Councilwoman Swanson and carried unanimously. � STATUS OF MUNICIPAL LIABILITY INSURANCE COVERAGE � The City Manager reported that he had contacted Marsh McLennan . . who is attempting to provide insurance coverage for the City prior to the meeting, and was advised that there is no activity to report to the � Council. Cal-Sur.a�ce has not responded to his attempts to contact them and Mr. Belanger said the lack of response indicates that they, also, have nothing to report. He said there is no change in the situation as � it was reported to the Council on January 6., "and .the :City has been se1.�� insured with regard to municipal liabiii�y since January 8, I986 when � � the insurance policies expired. The Manager was asked to keep the Coun-:,. � cil informed in the matter. � Mr. Belanger said he expects .�to have an. evaluation of the safety. ' �L of. the tennis courts and riding rings made by a safety consultant . be= � [n for.e the next City Council meeting. The Mayor askeii the Manager to a contac�t the Community Associatior_ and ask that the City be informed in writing of ac.tion taken by the Association regarding closure of recrea- tion faciiities, and that the City be kept advised of the Association' s �ntentions and any change in s.tatus of the facilities. NON-COMMERCIAL RADIO ANTENNAE 1101 Zn a staff report to the Council the City Manager said the install- ation of non-co�nercial radio antennae within the RAS Zone is permitted. _ when the height of the structure is less than eighteen feet; instalTa- tion of a non-commercial radio antenna eighteen feet in height or higher requires a Conditional Use Permit, and commercial antennae in the RAS � Zone are prohibited: The Manager said possible prohibition of non- commer��ial radio an�ennae .was referred to the Planning Con�ission. for study and recommendation, and after extensive review which included public hearings , field trips and consideration of regulations in other cities, the Planning Commission recommended that no change be made in the Zoning Ordinance. The Planning Com�ission's recommendation was made to the City Council on November 25, 1985, and was referred to sL-af£ � for review. Staff' s recommendation to . the City Council is that the conditional use p�rmit �requirement for non-co�aercial radio antennae in excess of eighteen feet be deleted from the Municipal Code; that installation of non-cc�mmercial radio antennae in excess of fifteen feet be permitte� by the Variance process , and that the prohibition of commercial radio antennae in the RAS zone be continued. Further, the City Manager recom- mended that the moratorium on issuance of permits for certain antennae. be extended. Tx� discussing the recommendation the City Attorney explained that radio antennae less than eighteen feet in height are curr.ently a p.ermit- ted use. It was his recommendation that they be made an accessory use, as part of residential development, with a variance to be required for antennae in excess of a .specified height. Further, Mr. Jenkins said it appears that the Planning Commission did not understand exactly what was being requested, and he recommended that the matter be returned as a precise question to the Planning Commission. Following discussion Councilwoman Murdock moved that the matter be returned to the Planning Commission for a recommeridation, based on the question discussed by the City Council. The motion was seconded by Councilwoman Leeuwenburgh and carried unanimously. Councilwoman Murdock suggested that the Planning Commission be asked to comment on the height permitted, since the Manager suggested that the permitted height be changed from eighteen to fifteen feet. -2- = 24S January 13, 1986 � . SET PUBLIC HEARING With� the concurrence of the Council, Mayor Heinsheimer set Monday, January 20, 1986 at 7 : 30 p.m, as the date and time for a public hearing to consider extending Ordinance No.. U-48 entitled AN ORDINACE OF THE � CITY OF ROLLING HILLS EXTENDING ORDINANCE N0. 47-U ESTABLISHING A �- MORATORIUM ON THE ISSUANCE OF PERMITS FOR CERTAIN ANTENNAS A.ND DECLAR- :-�� � � ING THE URGENCY THEREOF. The City Manager said the moratorium will � expire on January 28, 1986 unless extended by the City Council. ::� � , MATTERS FROM THE CITY COUNCIL ,; CLOSURE OF LEASED FACILITIES , � �'. °' Councilman Pernell asked that the City Council be updated on the .- status of leaseci facilities. The City Manager said nothing has changed,; the trails, riding rings and tennis courts have been closed by the Community Association because of their inability to obtain insurance � coverage, as well as the City's lack of liability insurance coverage. Mr. Belanger said the closure of at least the tennis courts will be reassessed following completion of the safety survey, stating that the . tennis courts are the least exposed of the recreational faciTities because of the way they are operated. The Manager explained that the courts are kept in very good condition, and the people who use them are prof icient tennis players , and the results of the survey map indicate • that there is no greater risk in opening the tennis courts whether c�� not the City has excess coveragee Mr. Belanger said the risk of open- ing the trails and rings� might be different because those activities, by their very nature, are more hazardous . Councilwoman Swanson asked whether execution of a hold-harmless agreement is being considered i:f any of the facilities are re-opened. Mr. Belanger said he would recom� mend that the �Community Association adopt that posture, but he said the ' City could not control that requirement, since the recreational facili� ties are still controlled by the Associ:ation on a lessor/lessee basis , which will remain in effect as long as the lease is valid. The Manager , . said the results of the safety survey would be given to the Community Association as soon as they are available. Councilman Pernell said a meeting.�:should be held with representatives of the Association to dis- cuss the leased facilities and the intent of the Council when enteri.ng into a lease with the Community Association. The Mayor said he `advi:sed the President of the Association that if they decided to close down the facilities the City Council would not object nor try to influence them. Mayor Heinsheimer said the original intent was to make the facilities � available to the Association under lease, to be operated under condi- tions of their choosing. Given the present situation, the Mayor said _ the Council may want to modify that by becoming involved in the de- cision making process . Expertise in the form of a safety survey will _ be obtained by the City, and the Mayor asked whether there should be a joint decision, based on the findings in the survey. Councilwoman Swanson suggested that if. the findings and recommendations resulting from the survey are not satisfactory, a joint meeting of the Council and Board of Directors be scheduled. The City Attorney advised the Council that paragraph 5 of the lease states that the City shares equally in the cost .of maintenance of the tennis . courts , and paragraph 10 provides that the City indem- nify the Association from any liabilities arising from the City's responsibilities under the leasb.. Mr.� Jenkins said it would be difficult to separate maintenance from operation if someone were injured on the court and claimed that it resulted from failure of maintenance. Mr. Jenkins said one option would be to modify the lease. Mr. Belanger said staff would recommend that the City take - an active, rather than passive, role in pursuing re-opening the tennis courts and equestrian facilities , explaining that Caballeros have insurance, and they are sub-lessee of the equestrian facilities . Councilman Pernell said he considers the tennis courts a popular activity and an asset, and he suggested that the n�ed: .and use�..of the courts be weighed against a reasonable exposure in determining whether to open the courts . Because of the private nature of the Association Councilman Pernell suggested that a committee be formed to discuss the matter. Councilwoman Leeuwenburgh said the Board of Directors will be _ -3- � ' . January 13, i9s6 , . 249 � reorganized following th.e annual meeting on January 15, and she sug- gested that a committee meeting be deferred until after that time. Councilwoman Murdock agreed with` the suggestion. Councilwoman Swanson said she considered the annual meeting a good opportunity to inform the community of the status of the facilities . Further, she said that as a member of the City Council she would feel protected if the Association agreed to require .waivers if the courts are re-opened. Mayor Heinsheimer asked Councilmembers Murdock and Pernell to serve on a committee to meet with representatives of the Commnunity - Association after the annual meeting, and they agreed to do so. SOUTH BAY CITZES ASSOCIATION Councilwoman Swanson said the monthly meeting of the South Bay Cities Association will be held on Thursday, January 16, .and -.she asked that the City Manager plan to attend the meeting in her absence. Councilwoman. Swanson said� a report on the functions of the Juvenile :. Diversion Prograiri wiTl be given .at the meeting, and she urged other. members of the Council to attend, if possible. , _... . .. .. .. . . .. � VANDALISM IN COMMUNITY � , � Councilwoman Leeuwenburgh said .she has received calls from � residents over the past two days about recurring vandalism in the , � City over the past weekend. Further, she said a car owned by her Q husband was vandalized, in addition to reports of damaged or missin�; residence signs and mail boxes.. Councilwoman Leeuwenburgh said she asked residents to make a report to the Sheriff, and the matter wi11 be placed on the agenda for discussion at a meeting of the Traffic Commission on Friday, January 17 . . � �Captain Omohundro of the Sheriff' s Lomita Station reported that it has been determined that 12 locations in Rolling Hills were vandal- ized the first weekend: Detectives ha�e made a door-to-door search, in the area of greatest damage, and have found 10 locations where � mailboxes and lights .were destroyed on -Georgeff Road; two on Crest Road and two on Chuckwagon Road. Based on information that there was a vehicle involved, detectives traced one vehicle seen in the area and dE.termined that it was not involved. Captain Omohundro said it. has been determined that the damage was done by juveniles , not by a vehicle. Because a party was held in the area when the vandalism occurred, it appears that the dama.ge was done by juveniles leaving the premises where the party was held. He said sheriff personnel are attemptin� to develop a pattern, based on information about who was present at the party. Captain Omohundro said failure to report incidents to the sheriff make it difficult to pursue the inquiry. Councilwoman Leeuwenburgh suggested that a letter .be sent to all residents , asking them. to report promptly to the sheriff any clues � that may help resolve the problem. Captain Omohundro said such a letter might help. MATTERS FROM STAFF . REQUEST FOR CLOSED SESSION The City Manager requested a brief executive session. ADJOURNMENT The meeting was recessed to a closed session at 8 :4p p.m. The meeting was reconvened at 9 :10 p.m, and was immediately adjourned to the next regular meeting on PZonday, January 27 , 1986 at 7 :30 p.m. z � � � � City Cle APPROVED: � -4- � . Mayor .___:� _q�, . ' . _. v....,_ _ ,-�.. - ..... �-