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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 �. 5 Y 5 �.,,. 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 ; 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 � e� � I � I i � f 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 �� 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. :� � 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. - 2 - 25�. 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 � 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. - 3 - i i , a 260 � ` � s ; MATTERS FROM MEMBERS OF THE CITY COUNCIL i s ! SANITATION DISTRICT DEDICATION � ; 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 - 4 - - 2s1� 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. . i � 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. - 5 - � � � `i i 1 f 262 � � � i i � � 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. � ' . � City Clerk ` APPROVED: Mayor a - 6 -