1/23/1989 , 2,�7
� MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
January 23, 1989
A regular meeting of the City Council of the City of Rolling Hills
- was called to order by Mayor Murdock at 7:35 p.m. , in the Council
Chamber at the Administration Building/City Hall, 2 Portuguese Bend
Road, Rolling Hills, California, on Monday, January 23, 1989.
ROLL CALL
PRESENT: Councilman Heinsheimer, Councilwoman Leeuwenburgh,
Councilwoman Swanson (arrived at 7:42 p.m. ) ,
Mayor Murdock
ABSENT: Councilman Pernell (excused) ,
� ALSO PRESENT: Terrence L. Belan er Cit Mana er
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�.,,. Michael Jenkins City Attorney
Q, Larry Courtright City Treasurer
�� Betty Volkert Deputy City Clerk
� Ann Johnson Los Angeles Times
Anne La Jeunesse Palos Verdes News
Carol Ryan Daily Breeze
Terry Carroll Resident
Bill Cross Resident
Frank Hill Resident
A1 Marin Resident
Mr. & Mrs. Partridge Residents
Mr. Jim- Partridge Resident
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CONSENT CALENDAR
Councilman Heinsheimer moved that the items on the Consent
Calendar be approved and accepted as presented. Councilwoman
Leeuwenburgh seconded the motion, and it carried unanimously.
APPROVAL OF MINUTES
The minutes of a regular meeting of the City Council, held on
January 9, 1989, were approved and accepted as written.
PAYMENT OF BILLS
Demands Nos. 3420 through 3436, and 3438 through 3458, in the
amount of $20,261.27, were approved for payment from the General
Fund. Demands Nos. 3419 and 3437 were voided.
FINANCIAL STATEMENT
The Financial Statement for the month of December, 1988, was
approved and accepted as presented.
OLD BUSINESS
There were no matters for consideration under "Old Business" .
NEW BUSINESS
UNIFORM BUILDING CODE MODIFICATION RE: 67 PORTUGUESE BEND ROAD
The City Manager reported that Mr. A1 Marin, owner of the property
located at 67 Portuguese Bend Road, has requested a modification to
the Uniform Building Code requirement which limits the value of
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renovation or repair that can take place in a geologically unstable P
area. Under the Uniform Building Code, the value of the repair or �
renovation is not to exceed 25 percent of the existing value of the f
structure. However, because of the type of construction of the
existing structure at 67 Portuguese Bend Road, i.e. , unreinforced
adobe brick, in order to properly renovate and repair the structure in
a safe manner, construction that would exceed the 25 percent would be
necessary. Therefore, Mr. Marin has requested that the City Council
modify that requirement and allow the repair of the structure at 67 _-_
Portuguese Bend Road in an amount in excess of the 25 percent. If the
City Council decides to approve this request, staff suggests that the ?
applicant be required to comply with all other requirements of the
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UBC, with the exception of the 25 percent valuation provision.
Further, it is suggested that a waiver of liability, in a form �
substantially the same as that which has been provided to the Council,
indicating the nature of the area in which the structure is located,
be signed and recorded.
The City Manager noted that the signing of a waiver, i.e. , the
assumption of risk, release and indemnity, is required by the code.
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Mr. Mike Jenkins, City Attorney, wished to add one additional •
sentence on page 3 of the waiver, indicating that the property owner
acknowledges and agrees that the waiver shall be recorded. It was the
opinion of the City Attorney that the issue is really one of
maintaining some type of status quo situation for existing
structures. By "status quo", it is meant to not intensify or expand
the situation but to create an alternative structural response to
allow a structure to exist on an, otherwise, uninhabitable property.
The City Manager . clarified that the applicant is proposing to
repair the existing structure within the existing foundation
footprint, and will not be expanding any of the square footage but
rather will be replacing the adobe brick with the more typical stud
walls.
The City Attorney felt that a resolution should be prepared, and
that staff should be directed to return to the next City .Council .
meeting with the appropriate resolution. The resolution should - �
indicate and reiterate: (1) that the City is trying to respond to a
hardship situation and maintain a "status quo" ; (2) that the City is
not trying to create a precedent for construction of new structures or
to allow new development in an area that is known to be unstable; and,
(3) that the City is trying to preserve something that exists.
Councilwoman Swanson moved that staff be directed to prepare the
appropriate resolution granting this request and specifying all the �
points outlined by the City Attorney. Councilwoman Leeuwenburgh
seconded the motion. There being no objections, the motion carried
unanimously.
UNIFORM BUILDING CODE MODIFICATION RE: 69 PORTUGUESE BEND ROAD
The City Manager explained that this is a request by Mr. and Mrs.
George Partridge, 69 Portuguese Bend Road, and is similar to the
previous request in that they are also asking for a modification of
the 25 percent value regulation. It is different in that the
applicants are asking to relocate the residential structure and garage
that currently exist on the site to another location on the site.
Staff recommended approval of this request. It would essentially
allow the moving of the buildings to a point further to the west. At
the present time, the garage and a portion of the house are virtually
straddling a crack. By moving it into a more solid area it allows the
residents to continue to live on the property.
Councilman: Heinsheimer clarified that it is the intent of the
Council that the approval of these requests is to allow for the
maintenance of property in a condition appropriate to safety, and not
to impose any particular engineering solution on the staff or on the
County.
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The City Manager assured the Council that the structure would be
located on a portion of the property that, based on all objective
measurements, is much more suitable than where it is currently
located. The City Manager also commented that the applicants have
stipulated that they will comply with all codes in regard to this
relocation.
Mayor Murdock asked if the proposed structure would be essentially
the same structure as currently exists. The City Manager stated that
there are some slight modifications proposed, but no expansion. The
square footage is virtually the same as the existing square footage.
Councilwoman Swanson verified that same policy, as noted by the
City Attorney, applies to this request as applied to the previous
request.
Councilwoman Leeuwenburgh moved that this request for a
modification of the Uniform Building Code for 69 Portuguese Bend Road
be approved, and that the City Attorney be directed to prepare the
� appropriate resolution. Councilwoman Swanson seconded the motion.
� There being no objections, the motion carried.
� MATTER OF CONTRACT FOR CITY MANAGEMENT SERVICES
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m A contract for� city management services, with Management Insight,
Q Inc. , was included in the Council packets for their review. There had
been a concern that the compensation be stated in monthly amounts
rather than in annual amounts so that, at some future date, if there
was a dissolution of the contract,. the City Manager would not be able
to demand a full year's salary but only a month's salary. The revised
contract reflects this change, as well as the change in notice
requirements, as discussed. The term of the contract is for three
years, with a ninety day notice provision.
Councilwoman Swanson moved approval of the contract for city
_ management services, and commented that she feels that the City
Manager has served the City very well. Councilman Heinsheimer
seconded the motion, and it carried unanimously.
OPEN AGENDA '
Mr. Bill Cross, 63 Portuguese Bend Road, expressed concern about
the remaining slab at the curve on Portuguese Bend Road South, in the
Flying Triangle area, and asked about the status of attempts to get it
removed.
The City Manager reported that two property owner� have been
notified that they must have the slabs removed and, to date, there has
been no action taken on their part.
Mr. Cross pointed out that this problem was discussed about a year
ago, and commented that there doesn't seem to have been any progress.
He informed the Council that it looks terrible, and that it has crept
out into the roadway.
Councilman Heinsheimer asked what would be the next step in the
process. The City Manager explained that the next step would be to go
through the rehabilitation process, to declare it to be a hazard to
the public health, safety, and welfare, and to direct the property
owners to remove the hazard. It would be a similar process as the one
that asked property owners to remove their buildings. The City
Manager indicated that he would contact the County tomorrow and ask
them to beg{in the process, ;however; it may not be an expeditious one.
The County yRehabilitation Specialist will investigate the properties,
• prepare a report, and make the necessary findings, afterwhich, the�
property owners are given official notification to abate the nuisance.
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MATTERS FROM MEMBERS OF THE CITY COUNCIL i
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SANITATION DISTRICT DEDICATION �
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Councilwoman Leeuwenburgh reported that she attended the �
Sanitation District dedication along with Supervisor Dana and Katy .
Geissert. It was very interesting, and she would encourage the
community to take a tour of the facilities.
TOUR OF GUEST ENERGY FACILITY
Mayor Murdock noted that the City of Rancho Palos Verdes has set
up a tour of the guest energy facility and has received responses from
about twenty-five or thirty residents who are interested in taking the :
tour. The Sanitation District has indicated that they would be happy '
to arrange a tour any time that any of the cities wanted. The Mayor �
suggested that the residents be polled, perhaps through the
newsletter, to determine the amount of interest. The facility,
itself, is in Rolling Hills Estates.
SOUTH BAY JUVENILE DIVERSION PROJECT �
Councilwoman Swanson reported that she had received word from the
Administrator of the South Bay Juvenile Diversion Project that the
OCJP funding for the diversion project has been tenainated, which
represents one-third of the total budget. Therefore, there will be a
meeting on Thursday of all of the Directors of the Diversion Project.
She will attend the meeting and report back on any proposed action.
METRO RAIL
Councilwoman Swanson informed the Council that she had toured the
Metro Rail subway construction and found it very interesting. The
construction is proceeding as scheduled and is on budget.
SANITARY SEWER ADVISORY COMMITTEE MEETING
Mayor Murdock noted that the Sanitary Sewer Advisory Committee
would be meeting tomorrow, January 24, to discuss the goals and
objectives of the Committee.
VIEW PRESERVATION COMMITTEE
The Mayor asked when the View Preservation Committee would be
meeting, and the City Manager indicated that they would be meeting
within the next ten days, however, at this time a specific date has
not been set.
MATTERS FROM STAFF
REPORT REGARDING REFERENDUM PETITION
The City Manager reported that he had received an opinion from the
City Attorney regarding the form of the referendum petition against
Ordinance No. 221. In his letter dated January 17, 1989, the City
Attorney states his opinion that the petition is not valid because it
does not contain the text of the ordinance being protested, and, thus,
is null and void and should not be processed further and should be
returned to the petitioners. As a result of that opinion, the
ordinance, Ordinance No. 221, is, in fact, in effect and has been
since December 28, 1988. The City Manager indicated that he would be
returning the petition to the individual that had brought it in, along
with a copy of the City Attorney's opinion.
The City Attorney explained the process further. The City Manager
forwarded a blank copy of the petition to the City Attorney to
determine if it was legally sufficient. When performing that task,
the City Attorney simply compared the petition to the requirements of
the Elections Code, which governs the preparation, circulation, and
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filing of these kinda of petitions. There are provisions in the
California Elections Code that :set forth the various requirements in
contents of a referendum peti�tion'.' It becomes complicated when the
petition does not conform to the requirements of the Elections Code
because the California . Elections Code is notorious for not being
precise about what requirements are mandatory, i.e. , if the
requirements are not met the action or petition is absolutely invalid,
and what requirements can be complied with substantially, if not
precisely. °
The City Attorney found that this petition was flawed in three
separate respects. The Elections Code states, quite clearly, that the
petition must have a line for the signature, a line for the printed
name of the person, and a line for the city in which the petition is
being circulated. The petition in question did not have a line for
the printed name and it did not have a line for the city in which the
petition was being circulated. Thirdly, the Elections Code requires
that the petition contain either the. title or the number of the
ordinance and the text of the ordinance. This petition did not
include the text of the ordinance. The first two defects, the City
� Attorney concluded, were not fatal to the petition. The signatures
� were legible and readable, hence, the absence of a line for the
� printed name, in the opinion of the City Attorney, would not be reason
alone to justify invalidating the petition. Neither would the absence
7 of the line for the name of the city since it is apparent from reading
[r] the signature, the address and the language at the top of the
a petition, that this is a petition being circulated within the City of
Rolling Hills. And, if anyone signed the petition outside of the City
of Rolling Hills it would have been apparent from their street address
that it was not in the City. Again, the City Attorney concluded that
that alone was not a basis for invalidation of the petition, even
though it was a defect. However, the third flaw is the most serious
because an essential component is missing. When a person is presented
with a petition to sign, protesting the adoption of an ordinance, the
Elections Code specifically states that the ordinance being protested
shall be contained on the petition so that the prospective signer has
the opportunity to look at and read the ordinance before signing the
petition. In view of that, the question arose, "Is the absence of the
ordinance in the petition a reason to invalidate the petition, or has
there, nonetheless, been substantial compliance?" The City Attorney
foundo two recorded cases, directly on point, dealing with referendum
petitions where the ordinance was not printed on the petition. In
both cases, two separate California courts of appeal held conclusively
that this was a fatal defect to a referendum petition, i.e. , that any
petition that does not contain a copy of the ordinance printed on it
is invalid and cannot be considered. Accordingly, the City Attorney
reported to the City Clerk that the petition did not comply with the
mandatory requirements of the Elections Code, that it did not even
substantially comply and, hence, was invalid. Accordingly, the
petition could not be processed further and has no legal effect. That
is the process that the City Attorney underwent in reviewing the
petition.
CITY HALL OFFICE RENOVATION
The City Manager reported that two proposals had been received for
the renovation of the front offices. A third proposal is
forthcoming. After receipt of the third proposal, a comprehensive
report will be prepared and presented at the February 13th City
Council meeting, for the Council 's review and comment.
Councilwoman Swanson clarified that the proposals that are being
submitted are for review and reference only, and are not binding upon
the Council. .
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The Mayor suggested that the City Manager transmit copies of the
proposed plans to the Councilmembers, as well as an outline of the
proposed small expansion area where members of the Council or the
Community Association would have a desk to work at when they need
privacy and which would also house a computer to be used by staff on a
regular basis.
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ARMY CORPS OF ENGINEERS RECONNAISSANCE STUDY WORKSHOP �
The City Manager reported that the Army Corps of Engineers =
Reconnaissance Study workshop was held on January 12, 1989, and that
Congressman Rohrabacher was in attendance and indicated that he was
extremely interested in this pro�ect. �
The Council was provided with copies of the tape of the workshop,
and staff will be receiving copies of the video tape, as well.
RECOGNITION DINNER FOR COUNCILMAN BELSKY
A recognition dinner for Rolling Hills Estates Councilman Belsky
will be held on Wednesday, January 25, 1989. , '
SOUTH BAY CITIES ASSOCIATION DINNER
The South Bay Cities Association will have a dinner on Thursday,
January 26, 1989, where Supervisor Deane Dana will be speaking. .
CITIZEN OF THE YEAR AWARDS DINNER �
The Palos Verdes Peninsula Chamber of Commerce will have their
Installation and Citizen of the Year awards dinner on February 16,
1989, at the Los Verdes Country Club, Rancho Palos Verdes.
YOUTH ON PARADE
The City Manager noted that the City participated in the Youth on
Parade on Saturday, January 21, 1989.
CLOSED SESSION
There were no matters for consideration in Closed Session.
ADJOURNMENT
Mayor Murdock adjourned the meeting at 8: 31 p.m. , to Monday,
February 13, 1989, at 7: 30 p.m. in the Council Chamber at City Hall.
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City Clerk `
APPROVED:
Mayor
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