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5/22/1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA May 22, 1978 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Pernell at 7:30 P.M. Monday, May 22, 1978. ROLL CALL PRESENT: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell ABSENT: None ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney June Cunningham Deputy City Clerk Lois Larue Artist Mrs. J. Mishkin Residents Mrs. J. Murdock Mrs. L. Zimmerman APPROVAL OF MINUTES The minutes of the meeting of April 24, 1978 were approved and accepted as corrected on a motion made by Councilman Crocker, seconded ;;T Councilwoman Swanson and carried by the following roll call vote: A` •S: Councilmembers Crocker, Heinsheimer, Rose, Swanson riayor Pernell Done ABSLiI'!' . _Ione FINANCIAL STATE'``ENT The Financial Statement for April 1978 was approved and accepted as presented on a Motion made by Councilman Crocker, seconded by Coun- cilman "einsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell "'OES : None '�Ti�NT OF BII,L,S 1346 Councilman Rose moved that Demands No. 7043 through 7125, in the ::;ounc of $49,827.88, with the exception of Demand No. 7057, which was —c._ded, he paid from the General Fund, and that approval of those de- r,ans .which are marked by an asterisk be ratified, since the checks e released because of various financial obligations, when the ^ouncil failed to meet because of lack of a quorum. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell OFS : Mone ?Mone Mai, t22�,�ri �]Y78 PERSONAL APPEARANCE Miss Lois Larue advised the Council that she is a resident of the Peninsula, and has taught the History of Art locally. Miss Larue ex- plained that May is National Art Month, and her contribution to the commmemoration is to appear personally before Peninsula officials and request that artists be given an opportunity to express themselves through their work. Miss Larue cited anoineident in May 1977 when th°b°t +- 1, M 1 a Cove and Peninsula Center libraries were 75 ar ex i i s in e a ag _ _ .. :. . - declared obscene and ordered removed. Mayor Pernell thanked Miss Larue for her appearance before the Council. LETTER FROM CABALLEROS RE: COUNCIL DECISION ON BRIDLE TRAILS 1371 In a letter dated May 1, 1978, Mr. John G. Rowe, President of Los Caballeros_ del Rancho Palos Verdes, Inc., advised the Council that at its April meeting the Board of Directors of Los Caballeros unanimously resolved to voice. their concern regarding the decisions of the City Council which affect the,future of the Rolling -Hills -trail system. In a letter dated May 15, 1978 Councilman Crocker wrote as an individual member of the City Council and explained to Mr. Rowe and the Caballeros Board his reasons why he could not support their re- commendation regarding a trail on Blackwater Canyon Road. Copies of Councilman Crocker's letter were given to other members of the Council and both letters were received for the file.. Councilwoman Swanson suggested that Caballeros should be notified that Councilman Rose is the liaison member between the Council and Caballeros, and that the Planning Commission, Board of Directors and the Tennis Club be advised the name of the Council member who would be communicating with them as liaison member. LETTER FROM CITY OF CYPRESS RE: ALTERNATIVES TO SCAG 1395 In a letter dated April 13, 1978 the Mayor of the City of Cypress advised that because of grave concerns regarding -the -Southern Cali- fornia Association of Governments, Cypress had withdrawn from SCAG, and had called for a Congress of Orange County Cities to discuss pos- sible alternatives to SCAG. Mrs. Clifton said there have been similar expressions of concern from other jurisdictions, especially because of SCAG's policy with regard to housing. Councilwoman Swanson said she had discussed the matter with Mayor Nell Mirels of Rolling Hills Estates, who is active in SCAG, and she said that SCAG is very much aware of the -sensitivity of many cities, and is attempting to change their image in certain specific areas, and to correct some of the errors of judgment which have occurred. Councilman Rose suggested that the Manager be authorized to write to the City of Cypress stating that the Council is aware of and concerned about some of the problems with SCAG, with a copy of the letter to SCAG. With the Council's consent, the Mayor requested that the Manager write such a letter, to be reviewed by Councilwoman Swanson. LETTER FROM HARBOR GENERAL HOSPITAL RE: SWIMMING POOL FENCES 1395 The Mayor directed that a letter dated May 5, 1978 from Harbor General Hospital Department of Pediatrics staff recommending that _ pools be fenced be received and filed. -2- 7G May 22, 1978 LETTER OF RESIGNATION, PLANNING COMMISSION CHAIRMAN 1490 A letter dated April 27, 1978 from Forrest Riegel, Planning Com- mission Chairman, advising the Council that he wished to resign from the Planning Commission after the June 1978 meeting, was discussed. Councilman Rose moved that the resignation be accepted with regret, and that Mr. Riegel be thanked for his service to the community. The motion was seconded by Councilman Crocker and carried unanimously. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT RE: DRUNK DRIVING ENFORCEMENT 1503 In a letter dated May 1, 1.978 Captain Walter Thurner, Commander of the Sheriff's Lomita Station, advised that funds may be available for deployment of traffic units on an overtime basis to apprehend drunk drivers. The enforcement phase would commence in October 1978 and terminate in early January 1979, and court overtime funds would be available during that period and would be provided for four to six months beyond the enforcement phase. Mrs. Clifton said that she had discussed the matter with Captain Thurner, and he agreed that the problem of drunk drivers is greater in areas outside of Rolling Hills, but it was his opinion that by parti- cipating in the program Rolling Hills would benefit from the enforce- ment in surrounding areas. Mayor Pernell expressed his concern about the intent to conduct the program on an overtime basis, stating that it would be very expensive, as productivity declines when people are worked overtime. He said the cost could be four times the amount that would be expended if full duty personnel not on overtime were used for the program. Councilwoman Swanson said the letter stated that funds may be available, and the Manager explained that funding would be by _ grant from the California Office of Traffic Safety. Councilman Crocker said that at present the plan is to implement the program for a limited time, and he would be in favor of using existing personnel, rather than recorrimending that new personnel be hired. Councilman Heinsheimer sug- gested that the Council request a report on the effectiveness after the program terminates in January 1979. A motion to approve participation in the program was made by Councilman Heinsheimer, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmember's Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None FORMI AT!"ON OF CO`1MITTEE TO STUDY SWIMMING POOL FENCES 1573 Councilwoman Swanson reported that she had interviewed all residents who indicated an interest in serving on the committee to .study the feasibility of swimming pool fencing requirements in Rolling Hills, and she moved that the following committee be approved: Polly Oas, Suzanne Thornton, Delores Clement, Fred Calhoun, and Jody Mur- dock, Chairman. Councilman Crocker seconded the motion. Councilman Rose said he thought all residents who expressed an interest in serving should be appointed to the committee. Council- woman Swanson said she thought a five member committee would work most efficiently, and in talking with the applicants, she determined that some of the applicants had very strong preconceived ideas about whe,her or not fences should be required. In an effort to maintain objectivity, Councilwoman Swanson said she attempted to select resi- dents who do not have a pre -formed opinion about the issue at this -3- T7 Ma5y 22,.1978 time, who have some past experience which they can contribute, who represent various geographic areas of the City, and who do not have a violation of any kind on their property. The motion carried on the following roll call vote: a AYES: Councilmembers Crocker, Heinsheimer, Swanson, Mayor Pernell NOES: Councilman Rose ABSENT: None PUBLIC HEARING, PROPOSED BUDGET - FISCAL YEAR 1978/79 1668 A public hearing on the Proposed Budget for Fiscal Year 1978/79 was set for the next regular Council meeting on June 12, 1978. L.A. COUNTY ENGINEER - CHANGES IN MAP CHECKING FEES 1687 In a notice dated May 8, 1978 Stephen J. Koonce, County Engineer, advised that a public meeting would be held on May 25, 1978 pertaining Ir to changes in map checking fees. pOn the advice of the City Attorney, the matter was held for action Cil by the Council ,7 new fee schedules have been adopted by the County. B.F.I. RUBBISH COLLECTION 1739 The Manager reported that there have been many problems with the rubbish collection service provided by Browning-Ferris Industries, and -- she has come to the conclusion that the service probably will not im- prove beyond the present level. Information has been provided by Falcon Disposal which indicates that they are now in a position to resume the service to'Rolling Hills, at approximately double the current rate. Mayor Pernell said the question of rubbish service would be covered during the budget hearing, and if there is an indication that additional time should be given to the matter, a subsequent hearing on that speci- fic matter would be scheduled at a time and place to be announced. TRAFFIC STUDY 36-2 In a memo to the Council dated May 22, 1978, Councilman Heins- heimer advised that he had reviewed the traffic studies required by the State for use of radar on the streets, which was done by the Los Angeles County Road Department. Recommendations for replacement of missing signs would be implemented immediately, and a meeting of Road Department representatives, the City Manager and Councilman Heinsheimer would be held in the near future, he reported. Councilman Heinsheimer distributed copies of AB 2442, which pro- vides for more local flexibility in setting speed limitis, and he moved that a letter be sent immediately to the Senate Committee on Transportation enumerating problems within Rolling Hills which would support passage of the bill, with copies of the letter to local repre- sentatives in Sacramento. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson NOES: Mayor Pernell ABSENT: None -4- May 22, 1978 POPPY TRAIL ENGINEERING 53-2 The Manager reported that engineering on Poppy Trail is nearing completion, and when the engineering is completed and the report is presented, the Council will have to'decide whether to require comple- tion of the Wolinsky drain, or whether to approve an enlargement of the lower drain. Meanwhile, there is limited use of Poppy Trail by residents living on that road, and special arrangements have been made for trash pick up, since the large -trucks can not use the road in its present condition. Mrs. Clift -on said she would report further on the matic.er at the next Council meeting. CITY ATTORNEY 69 CITY ATTORNEY SEMINAR Mr. Kinley reported that at a recent meeting of City Attorneys in San Diego a great deal of information was presented which would be of value to the Planning Commission, especially with regard to find- ings of the Commission, and what they should contain in Conditional Use Permit and Variance matters. Mayor Pernell said he had discussed with Mr. Richard Anderson, the City's Planning Advisor, having him prepare the findings and Mr. Kinley said he would be willing to review the findings after preparation by Mr. Anderson. air. Kinley reported further that annexation proceedings have been shortened, and the distinction between inhabited and uninhabited ter- ritories to be annexed has been eliminated. R,OBA PROPERTY, 7 PACKSADDLE ROAD WEST 91 Mr. Kinley reported that the Rolling Hills Community AssociatiorL has obtained a judgment against Mr. Thomas,Roba. Sale of the property was supposed lo takd Place in April, but Mr. Roba has instituted a bankruptcy proceeding and the sale was cancelled. Sale on foreclosure 4 ­ of the property is scheduled for May 29. Mr. Kinley said he went to court on May 9 and testified in the case. A mandatory injunction was handed down for removal of the N,,Tall and correction of all violations which exist on the property, and it is binding on all subsequent owners of the property. The Rolling Hills Community Association's lien was recorded, and certified copies of the judgment were sent to Mr. Roba, his wife and his corporation, but Mr. Kinley said affidavits of delivery have not been returned to him. MATTERS FROM THE AUDIENCE 117 Mrs, Judity Mishkin, 1 Flying Mane Road, requested a copy of Mr. Riegel's letter of resignation from the Planning Commission and said she would 'Like clarification of the jurisdictions of the Planning Commission and City Council. The Manager said she would meet with Mrs 1,11--hkin to explain the functions. 7 F I Rr, CODE i 11 The Manager advised that the City received.copies of the new Fire Code �,-`Lhich was adopted by the County of Los Angeles on October 28, 1977 and a letter dated May 5, 1978 from the Chief of the Los Angeles County Fire Department recommending that the code be adopted by the City. A copy of the fire code was given to the City Attorney for review 1. and the mater was held on the agenda. VIAL OF LIFE - LOS ANGELES COUNTY SHERIFFS DEPARTMENT 127 Mrs, Clifton distributed samples of the "Vial of Life" and des- criptive literature supplied by the Los Angeles County Sheriff's -5- 779 May 22, 19 7.8 Department, and she explained that the Sheriff has recommended that the vials be made available to residents, with instruction to put pertinent medical information on the form supplied, insert it in the vial and put it in an approved location in the refrigerator, for use by persons who respond in an emergency situation. TRACT 32110, RANCHO PALOS VERDES 139 Mrs. Clifton presented a copy of a tentative map for Tract 32110 in the City of Rancho Palos Verdes, which was recently approved by the Rancho Palos Verdes City Council. The proposed tract would consist of eleven single family detached homes in the vicinity of the upper Nike site, and would require an extension of apving on Crenshaw Boulevard of 216 feet. The information was received and noted. DIRT BIKE DETAIL 150 Mrs. Clifton reported that Sheriff's personnel, riding dirt bikes, had given tickets to riders on dirt bikes who were riding on the Cali- fornia Water Company's property, in violation of the Traffic Ordinance. PROPOSED SOUTH,BAY AND PENINSULA COUNTIES The Manager said that copies of studies of the proposed new counties have been sent to the City, and are available for review by the Council. MATTERS FROM THE COUNCIL CONTRACT CITIES CONFERENCE 160 Councilwoman Swanson said she recently attended the conference held by the California Contract Cities at Palm Springs, and the item which generated most interest and discussion was Proposition 13. Council- woman Swanson asked that the staff prepare a comparative five year study of assessments in Rolling Hills for review by the Council. Further, she asked whether the Council could take any legal action as a body to pro test the sharp increas in assessments. Mr. Kinley said no such legal action could be taken by the Council, and Councilmen Rose and Crocker said that the best way to protest increased assessments and rising property taxes was through individual voting at the polls. CITY COUNCIL ACTION RE: PLANNING COMMISSION DECISIONS 180 Councilwoman Swanson said she has had many calls from residents who have expressed disapproval of the Council's action'in overturning decisions of the Planning Commission which were appealed to the Council. Copies of a letter dated May 16, 1978 from James Hawthorne, 22 Chuck - wagon Road, were distributed to the Council. FIRE HAZARDS 202 Councilwoman Swanson requested that fire hazards in the City be made a regular agenda item, since the danger will be an ongoing problem. Councilman Rose said it is probable that two cuttings of weeds and brush will be necessary this year, and it was his opinion that the time to emphasize the seriousness of the problem is after the first cutting has been done. Mayor Pernell said he and the Manager met recently with Chief Paul Schneider of Los Angeles County Fire Depart- ment to discuss thce matter, and reminders about the fire hazard would be included in every Newsletter. EMERGENCY PREPAREDNESS PROGRAM Councilman Crocker requested that the Manager give a report on the status of the City's Emergency Preparedness Program. ME May 22, 1978 COMMUNITY RECOGNITION EVENT. Mayor Pernell said he wished to schedule an occasion for recog- nition of residents who have served the Community, and who have not been thanked publicly for the time dedicated to various committees and commission. Councilman Crocker said he had donated money to the City during his term as Mayor, and he suggested that the funds be used to purchase suitable momentoes to be given; he suggested person- alized mugs with the City's seal or personalized copies of ROLLING HILLS, THE EARLY DAYS by A. E. Hanson. The Council agreed that the tradition of giving Rolling Hills plaques to retiring Mayors, Board Presidents and Committee Chairmen be continued. Following discussion, the Council agreed that the annual Fourth of July Community Picnic would be the appropriate occasion for the Mayor and President of the Community Association Board of Directors to jointly recognize resi- dents with an appropriate presentation. Councilman Heinsheimer moved that the Manager be authorized to - spend funds up to the donated amount of $300 for appropriate momentoes, The motion was seconded by Councilman Crocker and carried by the fol- lowing roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson Mayor Pernell NOES: None ABSENT: None HEALTH SYSTEMS AGENCY FOR LOS ANGELES COUNTY, INC. 264 Councilman Rose reported that he had received a letter dated May 16, 1978 from the Health Systems Agency -and a proposed resolution recommending action by the State of California. Advisory Health Council on the designation of Health Systems Agency/Los'Angeles, Inc. for Certificate of Need Review. Councilman Rose recommended that no action be taken by the Council, and the Mayor so ordered. PROPOSITION 13 300 Councilman Rose said that the expected increase in assessments would have a serious effect on Rolling Hills, particularly on long time residents, and he moved that the Council as a body take action similar to that of the Board of.Directors of the Rolling Hills Commun- ity Association and support Proposition 13. Councilman Heinsheimer seconded the motion, stating that surplus State funds are larger than people have been led to believe, and he feels it is incumbent on the Council to,take a position on the matter. Councilman Crocker said he did not feel that the Council should instruct people on how to vote, since ample information on both sides of the issue has been reported in the paper and on television. Coun- cilwoman Swanson said she would be in favor of taking a position if the public were confused in the matter, but it is her feeling that the issue is clear cut, and she would not be in favor of joining the council in taking a position, and she intended to vote against the motion. Mayor Pernell said the Council is concerned about the matter, but he considered it presumptuous of the Council to try to influence the vote. Councilman Heinsheimer said he did not wish to try to in- fluence voters outside of the Community, but he thought it was impor- tant to advise residents that the Jarvis -Gann proposition -would have no material impact on the functions of the City, since there is a large group of voters who are still undecided, and the Council should inform them of any impact that passage of the measure would have on local services. Councilman Crocker agreed that the major effect -7- CD O a a May 22, 1978 would be felt by the County, with only a very minor effect on the City. Councilman Heinsheimer suggested that a factual statement be made by the Council advising the residents that the Council has reviewed the matter, and the City would continue to function and there would not be any material impact, and that no.effort be made to influence the vote. Councilwoman Swanson said that any.,statement issued by the Council should be worded very carefully. The motion failed to carry on the following roll call vote - AYES. Councilmen Rose, Heinsheimer NOES. Mayor Pernell ABSENT: None ABSTAINED. Councilmembers Crocker,.Swanson RECOMMENDATION RE: CREST ROAD NAME CHANGE 352, Councilman Rose said that there are two roads running east to west, within two miles of each other, although in different cities, both named Crest Road, and he wished to recommend that the Council consider changing the name of that portion of Crest Road within Rolling Hills. Mr. Kinley said naming of streets in the City is a City Council function. Councilwoman Swanson said she would be in favor of the recom- mendation before additional homes are constructed on Crest Road outside of the Southfield Gate. Mayor Pernell said he would be opposed to the change. Councilman Rose asked that the request be put on the agenda. The Mayor sai& it would be placed on the agenda as requested, and he asked that Councilman Rose make inquiries of other Crest Road residents and do some preliminary work to determine whether other residents would be in favor of such a change. TIMING ON APPEALS BEFORE THE COUNCIL 394 Mayor Pernell said that at the joint meeting between the City Council and Planning Commission it was determined that the Planning Commission has not had an opportunity in the past to review the minutes of their meeting prior to filing of an appeal of their de- cision with the City Council. Mr. Kinley said he would review the time limits specified in the Government Code, and he recommended that minutes pertaining to a specific decision on appeal be sent to members of the Commission as soon as they have been transcribed. CLAIM FOR DAMAGES, DR. SAM WOLINSKY Mr. Kinley advised the Council that filed by Dr. Sam Wolinsky, 8 Reata Lane, has been referred to the City's insurance MEETING OF MAYORS 444 425 a claim against the City has been rejected, and carrier for handling. Mayor Pernell said he attended a recent meeting of Peninsula mayors attended by all but Mayor Dyda of Rancho Palos Verdes. The mayors discussed many items of interest to Peninsula cities, such as problems with disposal services, the landfill, combining services. The .mayors agreed to meet on a more frequent basis than the annual meeting previously held, and will meet for lunch prior to the monthly Sanitation District meetings. M A May 22, 1978 MUNICIPAL COURT, SOUTH BAY JUDICIAL DI'STRI'CT 453 In a letter dated May 16, 1978 Judge Mark Wood advised that the South Bay Municipal Court has designated May 30 as South Bay Cities Day for the City of Rolling'Hills. judge Wood said a tour would begin at 8:45 A.M., to be followed by a luncheon and discussion of City - Court related problems. Mayor Pernell asked members,of-the'"Council to advise the staff whether they plan to attend, so reservations can be made. PERSONNEL SESSION The Mayor adjourned the meeting to .a Personnel Session at 10:15 PM to discuss applicants for two positions on the Planning Commission. The meeting was reconvened at 10:50 P,M. and the Manager was requested to invite Dr. Paul Dergerabedian, 18 Poppy Trail, and Mr. Allan Roberts, 7 Southfield Drive to meet with the Council at 6:30 P.M. Monday, June 12 and Mr. Robert Kercheval, 14 Buggy Whip Drive and Dr. Andre Nebolon, 6 Maverick Lane to meet with them at 6:30 P.M. Monday, June 26, prior to the Council meetings, so the Council could review their applications for the positions and talk with the applicants. ADJOURNMENT There being no further business to come before the Council, Mayor Pernell adjourned the meeting at 10:55 P.M. APPROVED': Cit y C