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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. 1 201. 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 - 2 - 202 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. - 3 - 203 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. - 4 - Mi j 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. �1= [i J 205 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 M 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, - 7 - J n J J C 0 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