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3/11/1991MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA March 11, 1991 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Pernell at 7:43 p.m. on Monday, March 11, 1991 in the City Council Chambers- at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. PRESENT: ABSENT: ALSO PRESENT: • %T-1:4 > � Councilmembers Leeuwenburgh, Murdock, Mayor Pro Tem Pernell Councilwoman Swanson, Mayor Heinsheimer (excused) Craig Nealis L. D. Courtwright Michael Jenkins Lola Ungar Diane Sawyer Lucile Rogers City Manager City Treasurer City Attorney Principal Planner Deputy City Clerk Minutes Secretary Councilwoman Leeuwenburgh moved approval of all items on the Consent Calendar as listed below. The motion was. seconded by Councilwoman Murdock and passed without objection. a. Approval of Minutes - Regular Meeting of February 25, 1991. b. Payment of Bills - Demands Number 5257 through 5293 dated March 11, 1991 in the amount of $33,202.56 were approved_ for payment from the General Fund. C. Correspondence from Browning-Ferris Industries regarding Recycling Collection Levels. d. Correspondence from Los Angeles County Sanitation District regarding Adjusted Rates for Solid Waste Disposal. e. Correspondence from Senator. Milton Marks regarding redistricting. f. Correspondence from the City of Palos Verdes Estates to the City of Rolling Hills Estates regarding the relocation of the Recycling Center. g. Correspondence from Senator Robert Beverly regarding Senate Bill 169. SPECIAL PRESENTATION DROUGHT UPDATE AND DISCUSSION OF CONSERVATION MEASURES - MR. CHARLES STUART, PRESIDENT OF THE BOARD OF DIRECTORS OF THE WEST BASIN MUNICIPAL BOARD. City Manager Nealis introduced Mr. Charles Stuart and added that Mr. James Cantrell of California Water Service was also present and would speak to the audience after Mr. Stuart. 1 Rolling Hills City Council Meeting - 3/11/91 Mr. Cantrell described the water banking system, which provides that when residents use less than their quota, an amount is credited to their account and can be used in later months. He said the 10% mandatory reduction began February 6, 1991 (reflected in the March bills), a 20% cut was required March 1 (to be reflected in the April bills) and as of April 1 there is a mandatory 30% reduction (May bills). He said it is likely that the cost of water will also have to be raised. Dr. David Basque, 49 Eastfield, expressed his displeasure that while Los Angeles City residents are having their reductions applied against their 1986 usage, CWSC is using 1989-1990 usage figures which penalizes those residents who were already conserving water during that period. Mayor Pro Tem Pernell asked if there were some way these conservation efforts in the past could be recognized. Mr. Cantrell replied that residents can write a letter to CWSC requesting a review of their allocation. Staff was directed to include this information in the newsletter. Dr. and Mrs. Randy Tyndall, 65 Eastfield, also contended that under the current system residents who have been wasteful can cut back easily while those who have been conserving have a very difficult time. They cited the City of Torrance system which grants an exclusion allowance of 13 billing units to protect those who were conserving in 1989. Dr. Tyndall requested that the City Council of Rolling Hills contact the other Peninsula cities to look into the Torrance system, which is more fair than the CWSC system. He also suggested putting a ban on further construction and water service connections until both water and sewage problems are taken care of. Other points raised were that horses use a lot of water, and care should be taken that hoses are not left running while horses are being groomed. Further, Mr. Cantrell indicated that new residence water service connections which do not have 1989 figures to provide a comparison are given allotments based on the houses on both sides of the subject property. The number of occupants in a dwelling are not figured into the quotas, but if there is a large change in 'the number of people living in the house that could be the basis for an appeal. City Attorney Jenkins reported that a City drought ordinance has been drafted and will be on the agenda for the next City Council meeting. RECESS At 8:35 p.m., Mayor Pro Tem Pernell called for a short recess. The meeting was reconvened at 8:43 p.m. OPEN AGENDA Mr. Doug McHattie, South Bay Engineering, advised that Mrs. Hassoldt asked him to notify the Council of her concerns about the status of pending subdivision review. City Manager Nealis stated he is in the process of securing assistance from the County of Los Angeles Land Development Coordination Center and will be advising the applicants of the meeting date. He and Principal Planner Ungar met with the County of Los Angeles to utilize their subdivision review, expertise. He said they are moving forward as expeditiously as possible. 3 I- I 1 MINUTES OF A PUBLIC MEETING OF THE VIEW PRESERVATION COMMITTEE March 22, 1991 A special meeting of the View Preservation Committee of the City of Rolling Hills was called to order by Committee Member at 3:05 p.m. on Friday March 22, 1991 in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Committee Member Hummel and Crocker. ABSENT: Committee Member Horn. ALSO PRESENT: Craig R. Nealis, City Manager Diane Sawyer, Deputy City Clerk PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES (S) AT THE FOLLOWING LOCATION: LOCATION: 11 QUAIL RIDGE SOUTH PROPERTY OWNER: DORIS McNABB COMPLAINANT: SAMUEL AND BURT ARNOLD, 2 SPUR LANE. City Manager Nealis introduced the subject item stating that the subject complaint had been received on May 9, 1991, together with the requisite $500 fee. An Agreement was formalized appointing Mr. Anthony Mohr as a City appointed mediator. Mr. Mohr presented his findings in December to the affect that a view does exist from.the Arnold residence. Mr. David M. Turner, Attorney for Mrs. McNabb, addressed the Committee stating that he objected to the findings of Mediator Mohr. Mr. Burt Arnold addressed the Committee stating that he had power of attorney for his father Mr. Samuel Arnold. He explained that the subject trees are currently an impairment to his view, and growth will result in further impairment in the future; that trimming would not have a detrimental affect upon privacy; that view impairment of this nature has a deleterious affect on his property value. Mr. Walter Warriner, Certified Arborist, provided input including a visual presentation, on behalf of Mrs. McNabb. He provided examples of improper trimming; stated that due to the beetle View Preservation Committee Minutes March 21, 1991 -1- infestation problem, trimming should be carried out in late fall or winter, and explained the Organization of Certified Arborist standards. Dr. Tindell, 65 Eastfield, interjected asking Mr. Warriner to please address limitation of growth. Mr. Warriner responded that limitation could be achieved but would require considerable maintenance. In response to Mrs. McNabb, Mr. Arnold stated that he had trimmed the trees approximately 5 years ago under the mistaken impression that they were on his own property. In response to the request. of the Committee he indicated on photographs where his desired view would be. Mr. D. Fink, 26730 Hawkers Drive, Rancho Palos Verdes, Certified Master Falconer, addressed the Committee in support of Mr. Arnold stating that trimming of the subject trees would not harm the red tail hawks who have already established their territory and are nesting in nearby trees. Mr. David Turner, addressed the Committee. He showed slides of the Arnold property; stated that in his opinion the Arnolds do not have an easement for view and if they require same then compensation should be paid; that the City View Impairment Ordinance is unconstitutional; that significant view impairment does not exist; that if the trees were left to grow to full maturity they would eventually be out of the view corridor. Mrs. McNabb added that the trees are valued at $29,000. City Manager Nealis explained the content of the view Impairment Ordinance with regard to the process of retaining a contractor. At 4:25 P.M. Chairman Crocker directed that the meeting be adjourned to the site. The meeting reconvened at 5:50 p.m. Following brief discussion, Chairman Crocker directed that Staff prepare a Resolution to address the following findings: o That the subject location constitutes a view pursuant to Section 8.32.020 Paragraph C of the Rolling Hills Municipal Code. o That the subject view is significantly impaired from the dining room and living room of the residence at 2 Spur Lane. Further, the Resolution shall include that the subject trees shall be topped or reduced to the level of the top of the telephone poles immediately adjacent to the subject trees located at 11 Quail Ridge South. This action will restore the view from the above mentioned view Preservation Committee Minutes March 21, 1991 1-' n 1 1 location at 2 Spur Lane and will also establish a line of adjustment which can be monitored on a semi-annual basis. Further, retention of the trees will maintain the stability of the soil and will not have any detrimental affect on the environment. Further, the Arnolds are to provide a photograph taken from a seated position at the kitchen table to further illustrate the view as observed on the previous field trip to the location. The McNabbs joined the meeting at 6:00 p.m. At 6:07 p.m. the meeting was recessed .to provide both parties an opportunity to settle this matter. The meeting was reconvened at 6:30 p.m. Staff was directed to prepare the appropriate Resolution with the findings set forth by the Committee. The Resolution was also to include the implementation of restorative action pursuant to Section 8.32.060 of the Municipal Code. The meeting was adjourned to Monday, April 1, 1991, at 8:00 a.m. at the City Council Chambers, 2 Portuguese Bend Road, Rolling Hills. Approved: CraR. Nealis, City Manager View Preservation Committee Minutes March 21, 1991 -3- Respectfully submitted: Q"b ._J o"� Diane Sa er, Deputy C;kty Clerk Cdtoittee Member Donald Crocker Committee'Member Joe Hummel