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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: -2- 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. -3- 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. -4- r 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 am 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 F I