9/26/1988200
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
September 26, 1988
A regular meeting of the City Council of the City of Rolling
Hills, was called to order in the Council Chamber at the City Hall/
Administration Building, 2 Portuguese Bend Road, Rolling Hills,
California, by Mayor Murdock at 7:35 p.m. on Monday, September 26,
1988.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilman Heinsheimer, Councilman Pernell,
Mayor Murdock
Councilwoman Leeuwenburgh (excused)
Councilwoman Swanson (excused)
Terrence L. Belanger
Michael Jenkins
Betty Volkert
Ann Johnson
Mrs. Ann Carley
Mr. Bill Cross
Mrs. Liu
Mr. John Pollock
City Manager
City Attorney
Deputy City Clerk
Los Angeles Times
Resident
Resident
Resident
Resident
Councilman Pernell moved that the items on the Consent Calendar
be approved and accepted as presented. Councilman Heinsheimer
seconded the motion, and it carried unanimously.
APPROVAL OF MINUTES
The minutes of an adjourned meeting held on September 12, 1988,
and an adjourned meeting held on September 13, 1988, were accepted as
presented.
PAYMENT OF BILLS
Demands Nos. 3157 through 3176, 3178, 3179, 3181 through 3184,
and 3187 through 3189, in the amount of $90,119.10, were approved for
payment from the General Fund. Demands Nos. 3177, 3180, 3185, and
3186 were voided.
FINANCIAL STATEMENT
The Financial Statement for the month of August, 1988, was
approved and accepted as presented.
OLD BUSINESS
CONFLICT OF INTEREST CODE
The City Manager explained that the Conflict of Interest Code is
applicable to the Members of the City Council, City Manager, Planning
Commission Members, City Treasurer, and City Attorney. This
consolidates into one code the designated positions, which currently
exist in two codes. Staff recommended that the City Council approve
and adopt the Conflict of Interest Code that sets forth those
disclosure categories.
Councilman Pernell asked if this code changes anything, and the
City Manager stated that nothing would change.
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Councilman Heinsheimer moved to adopt the Conflict of Interest
Code. Councilman Pernell seconded the motion. There being no
objections, the Mayor so ordered.
ZONING CASE NO. 361
Zoning Case No. 361 is a request by Mr. Hitoshi Yamamoto for a
Variance to encroach into the established front yard for the purpose
of constructing residential additions on Lot 34 -SF, 14 Southfield
Drive.
The City Manager explained that at the last City Council meeting,
it was reported to the Council that the Planning Commission had voted
to deny this request. It was also reported at the last City Council
meeting that a letter had been received from a representative of the
applicant indicating that the applicant planned to appeal the
Planning Commission's decision. However, at that time the filing fee
of $1,000.00, which is required for the filing of an appeal, had not
been received. Since that time, the filing fee has been received.
00 Therefore, staff recommends that. this matter be set for a public
hearing.
Councilman Pernell moved that the appeal of the Planning
Commission's decision on Zoning Case No. 361, be set for a public
CC hearing on Tuesday, October 11, 1988. Councilman Heinsheimer
Q seconded the motion, and it carried unanimously.
WAIVER OF CONDITION OF FINAL MAP FOR #4 & #6 EUCALYPTUS LANE
The City Council has received a letter from Mr. John Pollock and
Dr. Espinas. The two correspondents have requested that the City
Council waive the requirement to underground the utilities of their
respective properties. Several years ago, Final Map 26652 was
approved and recorded with the standard condition of any subdivision
in the City, i.e., that the utilities be undergrounded. The owners
of the property at the time of the recordation of the final map did
not proceed with the undergrounding and the successive owners, Mr.
Pollock and Dr. Espinas, are now in a position where the question has
been raised of the efficacy of undergrounding the utilities of these
two properties at this time. The City Manager has reviewed the
matter with the City Attorney, and staff recommended that the City
Council, in lieu of requiring that the utilities servicing #4 and #6
Eucalyptus Lane be undergrounded, require the two residents to enter
into an irrevocable undergrounding utilities agreement of a specified
term, wherein, the .applicants would agree to participate in any
future district that would be formed for the purpose of
undergrounding the utilities on Eucalyptus Lane.
Mayor Murdock asked what length of time staff would recommend the
specified term of the agreement to be. The City Manager suggested a
term of ten years.
Councilman Heinsheimer was concerned that if the City Council did
approve the request, the conditions on these two lots would be no
different than the conditions on any other lot on the street. The
purpose was to get the utilities undergrounded a little at a time, by
means of requiring subdivisions to underground their utilities, and
then to complete the undergrounding elsewhere in the City at a later
date. He feels that if this condition were waived it would
encourage noncompliance of this condition. Since the letter appears
to be written by people in the business of developing real estate,
they should have been aware of this condition to begin with. It was
Councilman Heinsheimer's feeling that the City should use whatever
authority it has to see that the undergrounding is accomplished.
Councilman Pernell asked how the proposed irrevocable agreement
could be enforced. The City Attorney stated that if an
undergrounding district were formed, an assessment would be generated
against the property and would be collected as part of the property
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taxes, thereby, in effect, putting a lien on the property. The City
Manager commented further that the irrevocable agreement would be an
agreement, wherein the property owners, and their successors in
interest, agree to participate in the undergrounding of utilities,
when a district is formed, for that purpose, that includes Eucalyptus
Lane. The City has the authority to require that the utilities be
undergrounded now, but it would make more sense to underground the
utilities on Eucalyptus Lane all at one time.
Councilman Pernell expressed his support of Councilman
Heinsheimer's position. The undergrounding of utilities is the
direction that the City is headed toward, and if the owners of these
properties wish to defer their responsibility, at the present time,
they should provide a bond -in an amount to be determined, by which
the City would be able to underground the utilities, later on down
the road, should it become necessary.
Mayor Murdock confirmed that the original owner posted a $12,000
bond to cover the cost of undergrounding, at that time. Since then,
the estimated cost of undergrounding has risen to $33,000. If the
undergrounding were deferred, how could the future cost be estimated
accurately?
Councilman Pernell asked who holds the $12,000 bond, and why the
owners have any further obligation. The City Manager stated that the
City holds the bond. The amount of the bond will not cover the
current estimated cost of the undergrounding.
Councilman Heinsheimer reiterated his opinion, and commented that
it is in the City's interest to get as much undergrounding as
possible.
Mr. John Pollock, 6 Eucalyptus Lane, addressed the Council. He
stated that he and Dr. Espinas are not real estate speculators; this
will be his home. Mr. Pollock also stated that there was nothing in
the title report when he purchased this property which indicated that
there was a condition that the utilities be undergrounded. He feels
that the City Council should have forced the previous owners to
underground during the bonding. When he went to the Edison Company
to get a permit to hook up to the existing pole, he learned of the
$12,000 bond for the undergrounding. Subsequently, Mr. Pollock had
several meetings with the City Manager to try to find out what the
required undergrounding would cost. The original estimates were much
closer to the bond than the recent estimate. At that time, Mr.
Pollock suggested to the City Manager that he get the bond released,
which the City Manager subsequently did. Mr. Pollock said that he
has done everything possible to fulfill this condition. He also has
installed the underground conduit, for any future district that might
be formed, at his expense of $5,000. Dr. Espinas has already hooked
up to the temporary power pole, never having any indication from the
City or the Association that there was a condition of undergrounding,
and that he could not hook up to the power pole. Now, Mr. Pollock is
the second person coming in, and is the one that will have to bear
the entire cost of the undergrounding, $33,000. This undergrounding
requirement would entail 400 feet of undergrounding and would result
in the elimination of only one (1) power pole. There would still be
six (6) power poles remaining on either side of these properties, 4
going up the canyon and 2 going out to Portuguese Bend Road. Mr.
Pollock reassured the Council that he is not speculating and that he,
indeed, is building this home to be his residence. He feels that he
has done his fair share. Mr. Pollock stated that he learned of the
requirement that the utilities be undergrounded from Mr. Bullard,
long after he purchased the property. He feels that this is
something that fell through the crack, and now he and Dr. Espinas are
the ones being penalized.
Councilman Pernell commented that the reason it is surfacing now
seems to be because the property is now being developed. Up until
now, it has been dormant and has not required any City involvement.
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Mayor Murdock asked the City Attorney what the normal procedure
would have been, on the part -of .a.City Council, given the fact that
there was no development taking, place on this property. The
conditions were attached as conditions of subdivision of the
Tentative Map. When the bond was posted, that was taken to be
adequate and, therefore, the Final Map was approved. The Mayor asked
what the usual procedure is after that. Mr. Michael Jenkins, City
Attorney, explained that, ordinarily, the improvement is accomplished
within a period of time that is set forth in the improvement
agreement upon the recordation of the Final Map. Ordinarily, the
subdivider moves forward after recordation. The purpose of the
agreement is to allow for a period to perform the work after the lot
is created so that it may be sold or improvements can be built upon
it. This is an unusual situation, i.e., where a lot remains dormant
for such a long period of time.
Councilman Heinsheimer asked if the resolution of this matter is
holding up any work in progress. Mr. Pollock indicated that he and
Dr. Espinas have undergrounded from their respective houses to the
power pole. Mr. Pollock cannot continue until he knows whether the
00 power pole will remain or a vault will have to be installed. Mr.
Pollock is anxious to get this matter resolved so that he can proceed
with laying the remainder of the conduit and paving the road out to
Portuguese Bend Road before the rainy season begins.
m Mr. Pollock pointed out another problem, and that is that the
Q Rolling Hills Community Association vacated the easement, which was
an Edison easement, to Dr. Espinas to allow for his garage to remain
on. the property without Mr. Pollock's knowledge. Somehow a new
Edison easement will have to be formed across the driveway.
Councilman Pernell asked, potentially, how many poles would be
eliminated if, at some future date, an undergrounding district is
formed. The City Manager indicated that approximately 5 or 6 would
be eliminated from Portuguese Bend Road to the canyon. Mr. Pollock
stated that 4 power poles would be eliminated if the district went
from Portuguese Bend Road to the canyon at the junction of Bent
Spring bridle trail. However, Mr. Pollock stated that the district
would have to continue up the other side of the canyon to Saddleback
because that is where the main transformer is located. Thus, a total
of 7 or 8 power poles would be eliminated from Portuguese Bend Road
across the canyon to Saddleback.
Councilman Pernell felt that Mr. Pollock had given this a lot of
consideration, and suggested that this matter be held on the agenda.
In the interim, he requested that staff prepare a map of the location
of the existing power poles and of a prospective district, and
suggested that the Council conduct a field trip to the site.
Mr. Pollock noted that if a district were formed, the cost shared
would be much cheaper for everyone. Councilman Pernell commented
that this is the same problem that the earlier settlers in Roiling
Hills had, and that as more people settled in the City and added on
to the system, the original settlers were reimbursed their
proportionate share.
Councilman Pernell requested that staff also provide an estimated
total cost for the undergrounding of the proposed district, with an
estimate of the assessment to each property.
A field trip was scheduled for Thursday, October 6, 1988, at 7:04
a.m.
NEW BUSINESS
RESOLUTION APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN
FUNDS UNDER SB 821
The City Manager reported that it is staff's recommendation that
this matter be removed from the agenda and from further
consideration.
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There being no objections, the Mayor so ordered.
PUBLIC HEARING - CONTINUED
ZONING CASE NO. 362
Zoning Case No. 362 is a request by Mr. Yu -Ping Liu for a
Variance to encroach into the front yard setback for the purpose of
extending the roof over the main entry walkway, and to encroach into
the front yard setback to construct a reflecting pond on Lot
240B -1 -MS, 39 Crest Road West.
The City Manager explained that the Planning Commission's action
regarding this zoning case was reported to the City Council several
weeks ago. At that time, the Planning Commission reported two
actions: (1) a report of denial for the request for a Variance to
encroach into the front yard setback to extend the roof over the main
entry walkway; and, (2) a report of approval for a Variance to
encroach into the front yard setback for the construction of
reflecting ponds. When the Planning Commission's action was
reported, the City Council accepted the report of denial and took
jurisdiction of that portion of Zoning Case No. 362 which was a
request for a Variance to encroach into the front yard setback to
construct reflecting ponds. The City Council, at that time, set this
matter for a public hearing this evening and, in the interim,
scheduled and conducted a field trip to investigate the site on
Saturday, September 24. The matter before the Council this evening
is the report of approval by the Planning Commission regarding the
request for a Variance to encroach into the front yard setback to
allow the construction of two reflecting ponds, as outlined in Zoning
Case No. 362.
Mayor Murdock invited comments from the audience. There were
none.
.Councilman Pernell verified that there had been no appeal by the
applicant to the Planning Commission's denial of the request for a
Variance to encroach into the front yard setback to extend the roof
over the main entry walkway. The City Manager confirmed that the
applicant had not appealed that portion of the Planning Commission's
decision.
Councilman Heinsheimer moved the request for a Variance to
encroach into the front yard setback for the construction of two
reflecting ponds, as specified in Zoning Case No. 362, be approved.
Councilman Pernell commented that the applicant's proposal appears to
be well conceived. The concern of the Council is that the ponds
remain at grade so that it does not present any kind of a visual
impact or noise nuisance. The applicant has assured the City Council
that it will be, primarily, on grade and that, even though there will
be a circulating pump in the ponds for the purpose of oxygenation,
they will not be the kind that will spray water above grade.
Councilman Pernell seconded the motion, with the above stated
conditions. Councilman Pernell also asked the applicant if these
conditions were acceptable, and Mrs. Liu indicated that they were
acceptable.
Mayor Murdock indicated that a Resolution of Approval should be
prepared, incorporating the Planning Commission's findings and
Councilman Pernell's conditions, should the motion on the floor be
passed.
The City Manager stated that the resolution would have the
findings and conditions that are embodied in the Planning
Commission's Findings and Report, the conditions cited by Councilman
Pernell, and the additional condition that, not only the ponds be
constructed on grade or below so as to mitigate the visibility, but
that there also not be any fountains or structures above grade
associated with the ponds.
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There were no objections to the motion, and it carried
unanimously. The Mayor yerifed that the appropriate resolution
would be prepared for the Council's next meeting.
OPEN AGENDA
Mayor Murdock invited comments from the audience on any item
topic not on the agenda.
Mr. Bill Cross, 63 Portuguese Bend Road, asked if there has been
any new reports or recent investigations of the Flying Triangle
area. The City Manager responded that there have been no new
reports. With regard to investigations, in December of this year the
Corps of Engineers will be conducting a public workshop at which time
public comments regarding the impending reconnaissance study will be
discussed. What the specifics of that workshop will be is unknown at
this time. It is a standard process of the Corps to inform the
communities in which they will be working of what they are going to
do, and what one can expect from the kind of study they will be
Co undertaking, so that the expectations associated with the study are
r� not beyond what one might expect. The Corps will also inform the
individual citizens of the kind of process generally associated with
a Corps of Engineers project. The basis for this Corps of Engineers
project is the stabilization of the shoreline. This project should
Co begin in December.
Q Mr. Cross also asked if there is any plan to remove the concrete
slab at the hairpin curve on Portuguese Bend Road South. The City
Manager indicated that staff has communicated with Mr. Clayton and
Mr. Brown, regarding the abatement of those slabs. Mr. Clayton has
been asked to abate his slab because it is the more dangerous slab
than the slab owned by Mr. Brown, which is on grade. Mr. Clayton's
slab is somewhat above grade. To date, the City has not received any
indication that they have any intention of abating these hazards, as
requested. The next step would be to initiate a process by which the
slabs would be abated, and then the owners would be billed for the
cost of the abatement.
Councilman Pernell asked if there are any new markings on
Portuguese Bend Road. Mr. Cross remarked that it looks as if they
are preparing to do a new flyover. The markings have been
repainted. The City Manager commented that he was aware that new
markings had been painted on Cinchring Road, but was not aware that
they were associated with a flyover of the Flying Triangle area. The
new markings may be for a mapping related to a specific development
project. Generally, the City is informed when the County is
conducting a flyover for Rancho Palos Verdes. The City Manager
indicated that he would contact the County to determine if they are
responsible for the new markings and are planning to do another
flyover. It is unusual that they would do so without our knowledge.
Generally, the "X" markings are related to aerial mapping and not to
property development. The Mayor asked that the City Manager keep the
Council informed.
Mrs. Ann Carley, 2900 Palos Verdes Drive North, complimented
Mayor Murdock on her presentation to the Palos Verdes Coordinating
Council.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
DISASTER PREPAREDNESS PLAN
Councilman Pernell asked for a status report on the disaster
plan, and asked if there had been a progress on it. The City Manager
reported that all the disaster coordinators in the area will be
meeting on Thursday, in the City of Carson, to discuss the area and
disaster plans. There will be County and State representatives in
attendance at the meeting. This will be a half-day seminar to
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discuss many different areas related to disaster preparedness for the
individual communities, as well as, to coordinate a disaster plan for
the area, Area "G".
AIR QUALITY MANAGEMENT PLAN
Councilman Heinsheimer expressed his concern that the new policy
which the present Board seems to be supporting is quite different
from the old policy, and there is a difference that is not clearly
indicated in the AQMP.
Councilman Heinsheimer recommended that a letter be drafted to
the Air Quality Management District, suggesting that a computer model
of both cases be run, to determine which would be more efficient. It
is suspected that they will find that the 1988 AQMP will cost about
$20 Billion more than it should.
The City Council discussed and agreed that the person most
knowledgeable in this area, Councilman Heinsheimer, should be the one
to draft the appropriate letter for the Mayor's signature.
MATTERS FROM STAFF
VIEW COMMITTEE APPLICANTS
The City Manager reported that, to date, seven (7) applications
for the View Committee have been received. Interviews of the
applicants by a Council sub -committee for recommendation to the City
Council, should be conducted in the near future.
Mayor Murdock asked if any of the Councilmembers had an interest
in serving on the sub -committee to interview applicants for the View
Committee. Councilman Pernell indicated that he would be interested.
SANITARY SEWER ADVISORY COMMITTEE APPLICANTS
The City Manager reported that the City has received five (5)
applications for the Sanitary Sewer Advisory Committee. Applications
for that committee will continue to be received through October 7,
afterwhich, the Council will make a selection of a seven member
committee to review the issue of sanitary sewers and to provide
advice to the City Council as to future actions regarding sanitary
sewers in the City of Rolling Hills.
PROPOSED SITE REVIEW ORDINANCE
Councilman Pernell asked staff to report on the progress of the
proposed ordinance establishing a site review process, which is now
being discussed at the Planning Commission level.
The City Manager reported that the Planning Commission has
conducted its second public hearing regarding this matter. Public
comments were received at their meeting on Tuesday, September 20.
However, since that day was a holiday, Yom Kippur, the matter was
continued to Tuesday, October 4, to provide those individuals who
were observing that holy day with an opportunity to express
themselves. It is expected that, after the close of the public
hearing on that evening, the Planning Commission will take action on
the proposed ordinance and report their recommendation to the City
Council at the first meeting in October. After receiving the
Planning Commission's report and recommendation, the City Council
would then set the matter for a public hearing.
Councilman Heinsheimer referred to the Planning Commission
minutes of August 16, and commented that the Planning Commission has
done an extraordinary job in collecting data. The data that was
compiled by The Keith Companies was remarkable, and confirms the
Council's concerns. Councilman Heinsheimer felt it might be
worthwhile to respond to some of the questions, without trying to
influence the outcome of the Planning Commission's deliberations,
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that have been raised regarding the motivation of the hearings. He
felt that the idea that this ordinance is a result of something that
staff has generated should be addressed, and that it should be made
clear that that is absolutely not the case. This is a concern that
the City has. The Council is concerned about the future of the
General Plan and is sensitive to these major changes that are taking
place, and directed staff and the Planning Commission to look into
this matter and to make a recommendation. Councilman Heinsheimer
suggested that the Planning Commission be made aware that the City
Council supports their efforts. Mayor Murdock pointed out that the
minutes of tonight's meeting would reflect the Council's position on
this matter.
NAMING OF GREENHUT SUBDIVISION STREET,
The City Manager suggested that the street that is involved in
the Greenhut subdivision be named "Sagebrush Lane", as opposed to
"Canyon Mesa Lane" that was previously approved. Councilman
Heinsheimer asked if that name was agreeable to Dr. Greenhut, and the
City Manager indicated that it was. This was acceptable to the
Councilmembers.
REQUEST FOR EXECUTIVE SESSION
The City Attorney requested a brief executive session to discuss
pending litigation.
RECESS TO CLOSED SESSION
Mayor Murdock recessed the meeting at 8:45 p.m., to a closed
session for the purpose of discussing pending litigation.
MEETING RECONVENED
The meeting was reconvened at 9:36 p.m.
ADJOURNMENT
Mayor Murdock adjourned the
October 10, 1988, at 8:00 a.m.
APPROVED:
Mayor
meeting at 9:37 p.m., to Monday,
CiF�
City Clerk