9/14/1987MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
September 14, 1987
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 Swanson
at 7:30 p.m. Monday, September 14, 1987.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Pernell,
Mayor Swanson
Councilmembers Heinsheimer, Murdock
Terrence L. Belanger
June Cunningham
Capt. Dennis Gillard
James Collis
Ann Johnson
Anne La Jeunesse
Tom Boyd
Bill Cross
Caesar Inducil
Beth King
Bill Levine
Betsy.Raine
Allan Roberts
City .Manager .
Deputy City Clerk
Sheriff's Station
Property owner
Los Angeles Times
Palos Verdes News
Residents
Mayor Swanson requested that item 2 c., Acceptance of Storm
Drain and Reduction of Faithful Performance Bond, Tract No. 33871,
Private Drain No. 1692 be removed from the Consent Calendar for
discussion by the City Council.
Councilman Pernell moved that items 2 a. and 2 b. on the
Consent Calendar be approved. The motion was seconded by
Councilwoman Leeuwenburgh and carried unanimously.
APPROVAL OF MINUTES
The minutes of a meeting held on August 24, 1987 were approved
and accepted as written.
PAYMENT OF BILLS
Demands No. 2309 and 2310, 2312 through 2334, 2336 and 2337
in the amount of $37,915.24 were approved for payment from the
General Fund. Demands No. -2311 and 2335 were voided.
STATUS OF FLYING TRIANGLE
The City Manager said there is nothing to report on the
Flying Triangle landslide. With regard to HR -6, the Manager
reported that Congress is returning to session after recess,
and the legislation will be considered later in the month. Mr.
Belanger said he would continue to report to the Council as
information becomes available.
ACCEPTANCE OF STORM DRAIN, REDUCTION OF BOND? TRACT 33871
The Manager reported that in a letter dated July 31, 1987.
from the Department of Public Works, the Council was informed
that the construction of the storm drain for Tract No.- 33871
has been inspected by the City Engineer; the work has been
completed with plans and specifications, and in a manner
satisfactory to the City Engineer. Faithful Performance Bond
No. 3SE344655 in the amount of $197,000 was posted for the
construction of the storm drain. It is the City Engineer's
recommendation that the Rolling Hills City Council approve the
September 14, 1987
work and accept as completed the storm Drain for Tract No. 33871,
known as Private drain No. 1692, for public use. Further, that
the Council reduce the Faithful Performance Bond by an amount
of $147,800 and retain $49,200 until the project has been approved
for transfer by the Los Angeles County Flood Control District.
Further, the City Engineer recommended that the City Council
adopt the resolution for the transfer and conveyance of the storm
drain improvements, Private Drain No. 1692, to the Los Angeles
County Flood Control District for the purposes of operation,
maintenance, repair and improvements. The letter stated that
when the transfer of this storm drain facility is approved by
the Board of Supervisors of the Los Angeles County Flood Control
District, it will be operated and maintained by the Department
of Public Works for public use.
In a letter dated September 9, 1987 from Chacksfield Merit
Homes Corporation, James D. Collis advised the Council that he
is opposed to the Engineer's recommendation that the bond be
reduced from $197,000 to $49,200 until the project has been
approved for transfer by the Los Angeles County Flood Control
District. Mr. Collis said the field work was completed to the
satisfaction of the City Engineer in the Spring of 1986, and
he questions the length of time required for County processing.
Mr. Collis said he anticipates similar delays for adoption of
the resolution requesting the Board of Supervisors to accept
the transfer and conveyance of the storm drain for future
maintenance, repair -and improvement and to authorize _the transfer
and conveyance thereof.
In discussion of the item Councilman Pernell asked the City
Manager whether the time between the offer and acceptance of
the storm drain can be expedited. Mr. Belanger said it is his
opinion that it can- be expedited by dealing directly with the
Board of Supervisors office. It was the Manager's recommendation
that the City Council consider adopting the resolution and reducing
the amount retained to 10% or 15%, rather than $49,200 as
recommended by the County.
Mr. Collis addressed the Council and asked that the bond
be released in full. He explained that the work was completed
in Fall, 1985, inspections were completed and accepted by the
County in Spring, 1986, and there have been numerous delays in
the .paperwork. Mr. _Collis said the letter written -
to the City
of Rolling Hills was mailed to the Board of Supervisors in error,
resulting in additional delay.
Councilman Pernell said it appears that the County is taking
an unreasonable amount of time in processing the matter, and
asked that staff attempt to have the matter completed in 60 days,
so the balance of the funds can be released to Mr. Collis.
However, Councilman Pernell said it is not in the public interest
for the Council to ignore the recommendation by the County that
a portion of the funds be retained. Mr. Collis said he would
be willing to leave $15,000 with the City until the transfer
and conveyance are completed. After further discussion Mr. Collis
agreed to leave 10% of the original bond ($19,700) and the City
Manager was asked to expedite the matter through to office of
the Board of Supervisors. ir
RESOLUTION NO. 564
Councilman Pernell moved that Resolution No. 564 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT
ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM
DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1692 IN THE CITY
OF ROLLING HILLS FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF
be adopted, and that reading in full be waived, that 10% of Bond
No. 3SE344655, a sum of $19,700 be retained, and that. the matter
be returned to the Council for review in sixty days. The motion
was seconded by Councilwoman Leeuwenburgh and carried by the
following roll call vote:
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September 14, 1987
AYES: Councilmembers Leeuwenburgh, Pernell,
Mayor Swanson.
NOES: None
ABSENT: Councilmembers Heinsheimer, Murdock
ZONING CASE NO. 330, N. LA LAZE, TENNIS COURT,
The manager advised the City Council that pursuant to actions
taken at the City Council meeting on August 24, 1987 a resolution
has been prepared entitled A RESOLUTION OF THE CITY COUNCIL
APPROVING A VARIANCE AND A CONDITIONAL USE PERMIT IN ZONING CASE
NO'. 330. The Manager said the conditions of approval imposed
by the Planning Commission on July 21, 1987 in approving the
Conditional, Use Permit and Variance for construction of a tennis
court in the side yard- setback of Lot 90-RH, located at 24
Portuguese Bend Road, have been modified, in accordance with
conditions discussed during review of the matter by the City
Council on August 24, 1987 following a de novo public hearing
pursuant to Municipal Code Section 17.32.190. Mr. Belanger said
the encroachment into the side yard setback will now be twenty
feet, leaving fifteen feet between the edge of the court and
the north property line; any drainage plan developed for the
site will pay special attention to conveying water from the court
away from the property north of the La Caze,-property; also, on
the northern side of. the property the area between the tennis
court and the property line will be planted with ground cover,
and no trees are to be planted in that area. The Manager said
that following review by the City Council, the Board of Directors
of the Rolling Hills Community Association took an action to
require that a ten foot easement be granted on that northern
side, and the Manager said an easement will be dedicated by Mr.
La -Caze to the Community Association. Mr. Belanger recommended
that if it is the Council's wish to complete the matter, the
Resolution should be adopted and the applicant can be notified
that he can proceed with his plans for the tennis court.
Following discussion by members of the Council present,
Mayor 'Swanson directed that the resolution be held on the agenda
unci -l -'the next meeting, because of the absence of two members.
ORDINANCE NO. 216
Ordinance No. 216 entitled AN ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING AND REORGANIZING THE ZONING ORDINANCE AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE was adopted on a motion made
by Councilwoman Leeuwenburgh, seconded by Councilman Pernell
And carried by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Pernell,
Mayor Swanson
NOES: None
ABSENT: Councilmembers Heinsheimer, Murdock
REPORT OF PLANNING COMMISSION ACTION, AUGUST 18, 1987,
Zoninq Case No. 343, Dr. Barton Wachs,'6 outrider Road
The City Manager reported that at the last meeting of the
Planning Commission on August 18, 1987 a request by Dr. and Mrs.
Barton Wachs for variances of side yard setbacks on both sides
of the residence on Lot 72A -EF, located at 6 Outrider Road, was
approved. The information was received and filed.
OPEN AGENDA
Mayor Swanson opened the meeting to comment from persons
present on any subject not on the meeting agenda. The Mayor
explained that each presentation is limited to five minutes,
and nQ.action will be taken on the item at this time.
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September 14, 1987
William Levine, 1 Middleridge Lane South
Mr. William Levine advised the Council that he met recently
with the City Manager regarding a proposed driveway relocation
at 3 Middleridge Lane South, the property adjacent to his property
at 1 Middleridge Lane South. Mr. Levine said that in response
to his concerns about the potential damage to the newly landscaped
front of his property which could result from location of the
new driveway immediately south of his property, he said he was
assured that he would be notified of the date of the Traffic
Commission meeting at which a decision would be made on the
requested relocation. Construction of the new driveway has now
begun, and Mr. Levine said that when he contacted the City Manager
he was informed that notice of the meeting on August 14 had been
sent to all residents on Middleridge Lane South. Mr. Levine
said he did not receive the notice, and inquiries of his neighbors
indicated that none of the residents in the vicinity had received
the notice. Mr. Levine said he has letters from some of the
residents to that effect. Mr. Levine said he is concerned about
the environmental impact of the new driveway on his property,
and he said he has not been able to obtain from the City the
information he wishes about the potential impact. He said he
wishes to know what assurance he can be given that the hillside
will not come down on his property when it is cut and graded
for the new driveway.
Mayor Swanson said -the decision of the Traffic Commission
can be appealed, and- she suggested that Mr. Levine meet with
the City Manager to review the plan and the findings of the Traffic
Commission. The Mayor said she will also discuss the matter
with the Manager, and would be willing to meet with Mr. Levine
for further discussion.
Councilman Pernell said certain activities on a property
do not require that neighbors be notified, and he asked the City
Manager whether the request to relocate the driveway required
the notice procedure. Mr. Belanger explained that although there
is no legal requirement for notice of certain requests,. including
driveway relocation, notice in the form of the meeting agenda
is customarily sent to residents who could be affected. Mr:
Belanger said he was informed by staff that a notice was sent
to Mr. Levine, the owner of the property immediately adjacent
to the proposed new -driveway, and to the resident at 4 Middleridge
Lane South, directly across- from the Robel property at 3
Middleridge Lane, because of concerns which were expressed about
the possible effect of lights and drainage on those properties.
The Manager said the decisions of the Traffic Commission are
purely advisory with regard to traffic safety, and the Commission
does not act with relation to site development. He said matters
which involve grading are basically administrative and if there
is compliance with the code, grading permits can be issued:
Mayor Swanson said she will meet with Mr. Levine and the
City Manager to discuss the matter.
PROCLAMATION, BICENTENNIAL, SIGNING OF U. Si CONSTITUTION
Mayor Swanson said the City Council agreed to note the
Bicentennial of the signing of the United States Constitution
as part of the regular Council meeting, and she noted that
representatives of the Board of Directors of the Community
Association, the Architectural Committee, the Chairman of the
Planning Commission, President of Caballeros and the Station
Commander of the Sheriff's Lomita Station were present, in addition
to residents. Mayor Swanson and members of the. City Council
stood, and the Mayor read into the record a proclamation
commemorating the 200th Anniversary of the signing of the United
States Constitution, and proclaiming September 17, 1987 as UNITED
STATES CONSTITUTION DAY.
RECESS
The meeting was recessed at 8:15 p.m. and reconvened at
8:30 p.m.
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September 14, 1987
MATTERS FROM MEMBERS OF THE CITY COUNCIL
New Legislation for Low and No -tax Cities
Mayor Swanson reported that new legislation recently passed
on behalf of low and no -tax cities will bring substantial funds
to the South Bay area. Based on 1985-86 tax rolls, the City
of Rolling Hills will receive $180,000 over a ten year period.
Mayor Swanson said Contract Cities Association lobbied in favor
of the legislation, and she explained that the City currently
receives 4.3% of the property tax which is collected by the Los
Angeles County Assessor. Under the new legislation an additional
5.7% will be returned to the City. An additional Municipal Court
Judge will be assigned to the South Bay courts, and 14 Superior
Court judges and eight Municipal Court judges will be added to
the Los Angeles County area. The Mayor said appropriate long
.range plans, will be made by the City for use of the funds when
they become available.
AB -18, Transportation Reorganization Bill
Mayor Swanson said AB -18, the Transportation Reorganization
Bill, has been passed by the State Senate and State Assembly,
and will be sent to Governor Deukmejian for signature. The Mayor
said the bill givema disproportionate amount of representation
to the cities, reducing the representation . from the present -six
representatives
entatives to only. two representatives, The Mayor. said
RTD will actively lobby the Governor to veto the bill.
Sierra Capital Group
Mayor Swanson announced that the Sierra Capital Group will
hold a reception in Peacock Alley from 6:00 to 8:00 p.m. Wednesday,
September 16 at Peacock Alley in the Peninsula Center.
CLOSED SESSION
N'ayoi. Swan,, -on said the Council met in a personnel session
at 7:00 p.m., prior to the regular meeting, and she wished to
recess the meeting to a brief personnel session. The meeting
was recessed at 8:35 p.m.
�-'MEETING RECONVENED
The meeting was reconvened at 8:50 p.m. Mayor Swanson
reported that she met recently with Allan Roberts, Chairman of
the Planning Commission, and had advised him that the City Council
encourages continuing education for members of the Planning
Commission, and will advise the Commission when courses and
seminars are available locally. Councilman Pernell asked the
City Manager how much time members of the Planning Commission
are required to spend on. City planning matters. The Manager
said the meetings last approximately three hours. In addition,
field trips and meeting preparation take 'approximately one to
two hours monthly. Councilman Pernell said it is his opinion
that additional time should be required for training and growth
in dealing with matters presented to the Commission to eliminate
additional time spent by the Council on matters passed on by
the Commission. Mayor Swanson agreed that since requests are
presented to the Planning Commission, that body needs strength
in dealing with planning matters. Councilwoman Leeuwenburgh
said it is her opinion that the findings made by the Planning
Commission are now always strong enough to support the decision,
and she said there is a need for a sound basis for decisions
and determinations because of the potential for liability.
Councilman Pernell suggested that if the City Attorney attended
the meetings the consideration of appropriate findings could
be encouraged. The City Manager said it is his opinion that
the City Attorney could provide sound legal advice, to ensure
that the exceptions to the rules that may be approved have a
sound basis. Councilman Pernell suggested that the City Attorney
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September 14, 1987
be asked to attend meetings when requested. Mr. Belanger said
he and the City Attorney plan to meet to discuss Planning
Commission procedures.
VACANCY ON TRAFFIC COMMISSION
Councilwoman Leeuwenburgh reported that as Chairman of the
Traffic Commission she has received several applications for
appointment to the vacancy on the Commission, and she said she
wishes to start the interview process. She explained that the
past procedure has been interview by two members of the City
Council, and in the recent past she and Councilwoman Murdock
interviewed applicants for the Traffic Commission and Environmental
Quality Board. Councilwoman Leeuwenburgh was directed to interview
the applicants with Councilwoman Murdock, and to make a
recommendation to the Council.
ADJOURNMENT
The meeting was adjourned at 9:10 p.m. to Monday, September
28, 1987 at 7:30 p.m.
APPROVED:
Mayor
City Clerk
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