12/11/1978MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
December 11, 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,
December 11, 1978.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
WELCOME TO STUDENTS
Councilmembers Crocker, Heinsheimer, Swanson
Mayor Pernell
Councilman Rose arrived at 8:30 P.M.
L. D. Courtright
Teena Clifton
William Kinley
June Cunningham
Capt. Paul Myron
Robert Stander
J. W. Whittington
Gene Anzivino
Lisa Carl
Catherine Goode
Christine Husnak
Russ Shoemaker
Don Swanson
City Treasurer
City Manager
City Attorney
Deputy City Clerk
Commander, Lomita Sheriff Sta.
Resident
Resident
Members of Miraleste
High School Government
Class
Mayor Pernell welcomed' -representatives of a Miraleste Government
Class to the meeting and invited Christine Husnak, a Rolling Hills
resident, to join the Council at the table.
APPROVAL OF MINUTES 625
The minutes of the meeting of November 27, 1978 were approved and
accepted as corrected on a motion made by Councilwoman Swanson, seconded
by Councilman Crocker and carried by the following roll call vote:
AYES: Councilmembers Crocker•, Heinsheimer, Swanson
Mayor Pernell
NOES: None
ABSENT: Councilman Rose
PERSONAL APPEARANCE, CAPTAIN PAUL MYRON 655
Mayor Pernell welcomed Captain Paul Myron, newly appointed com-
mander of the Lomita Sheriff's Station and introduced him to members
of the Council. C'
Captain Myron addressed the Council on many topics, including use
of radar for traffic control, number of citations given, an explanation
of the traffic enforcement index, consideration of unique features in
Rolling Hills, specifically horse trails and lack of a leash law, and
new legislation recently passed which would limit the application of
traffic surveys after the first of the new year.
Members of the Council requested a breakdown of citations for
moving violations, explaining that speed is of most concern to them,
December 11, 1978
and they requested that the margin of allowable speed over the posted
limit not be eroded under the increased speed limit recently adopted.
In response to questions, Captain Myron
the Burglary Apprehension Team, stating that
has actually been reduced -by apprehension of
Mayor Pernell thanked Captain Myron for
communication would be kept open between the
of the Sheriff's Department.
OPEN AGENDA
ANIMAL CONTROL ORDINANCE
159
discussed the success of
the number of burglaries
the:�urglars.
his appearance, and said.
Council and representatives
Don Swanson, 2 Chesterfield Road, a Miraleste student, asked
co whether an effort is made to license dogs belonging to new.residents.
The Manager explained that if a dog has been licensed elsewhere in
OLos Angeles County, the license is valid until the expiration date.
Q FINANCIAL STATEMENTS 910
Q Councilman Crocker moved that the Financial Statements for October
Q and November 1978 be approved and accepted as presented. The motion
was seconded by Councilwoman Swanson and carried by the following roll
call vote:
AYES: Councilmembers Crocker, Swanson, Mayor Pernell
NOES: None
ABSENT: Councilmen Heinsheimer, Rose
PRESENTATION RE: CITY'S INSURANCE PROGRAM 972
Mrs. Clifton advised the Council that representatives of Cal-
Surance were unable to re -schedule an appearance before the Council.
After discussion in which it was stated that the Council should have
an opportunity to consider certain options such as deductibles, the
Manager was directed to request a thirty day binder, and Councilman
Crocker was authorized to have the matter reviewed by a member of
his staff for recommendation.
COUNCILMAN ROSE ARRIVED AT 8:30, -P.M.
PAYMENT OF BILLS 1050
Councilman Crocker moved that Demands No. 7604 through 7650 in
the amount of $18,360.74 be paid from the General Fund. The motion
was seconded by Councilwoman Swanson and carried by the following
roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson, Rose
Mayor Pernell
NOES: None
ABSENT: None
Councilman Crocker moved that Demand No. 7651 in the amount of
$25,408.00 be approved conditionally, to be paid from the General
'Fund on December 15, 1978 only in the event that a thirty day binder
for insurance can not be obtained. The motion was seconded by Council-
woman Swanson and carried by the following roll call vote:
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December 11, 1978
AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson
Mayor Pernell
NOES: None
ABSENT: None
The Manager was asked to schedule an appearance by representatives
of Cal-Surance for the first meeting in January.
PAPER SHORTAGE
The Manager advised the Council that due to a lengthy strike in
paper mills, in Los Angeles County there is an acute paper shortage
and copies of all correspondence will not be reproduced for the
Council until the strike is over.
CORRESPONDENCE 1090
ALCOHOLISM COUNCIL OF THE SOUTH BAY
A copy of the Annual Summary of Program Services of the Alcoholism
Council of the South Bay was presented to the Council. Mrs. Clifton
was asked to advise the residents in the Newsletter that the summary
of services is available at the office.
LETTER FROM RESIDENT RE: ANIMAL NOISE
Mrs. Clifton advised the Council that a resident had written to
her on November 15, 1978 complaining about noise from animals owned
by his neighbor. Mr. Kinley researched the City's ordinances, and
said there is none which deals with animal noise other than barking
dogs.
The Council agreed that the matter is a problem between neighbors,
and the correspondence was received and filed.
COST PER PAGE FOR REPRODUCING DOCUMENTS
The Manager reported that after considering aspects of deter-
mining the cost of reproducing documents, Councilman Crocker, Mayor
Pernell and Mrs. Clifton arrived at the following policy for charging
for reproduction of copy: Up to five pages, no charge. Pages in excess
of five - 25r,% each.
LETTER FROM ROBERT STANDER, 11 SADDLEBACK ROAD RE: IMPROVEMENTS 1100
In a letter dated December 4, 1978 Mr. Stander advised that some
of the improvements required as a condition of approval of Tract 31906
had not been completed, and he asked that the time for completion of
those items be extended.
In a report to the Council the Manager recommended that Mr. Stander
be permitted to wait until Spring to begin installation of underground
utilities; that he be granted an extension of time to have a drainage
swale constructed, since it would be functional only after grading for
the new lot is completed, and that he be required to demolish the old
garage and repair that portion of the house to which it is attached as
required.
Mr. Stander advised the Council that 90% of the improvements have
been cdmpleted, and he asked that he be given an extension of time as
requested, indicating that the deposit with the City of 150% of the
cost could be raised to 200%.
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161
December 11, 1978
Councilman Rose moved that the Council approve the Manager's
recommendations with regard to installation of underground utilities
and construction of a drainage swale, and in addition approve a six
month extension to demolish the garage, and that the amount on deposit
not be changed. The motion was seconded by Councilman Crocker and
carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson
Mayor Pernell
NOES: None
ABSENT: None
The City Attorney recommended that Mr. Stander arrange to have
payment made by the City for all improvements which have been completed,
cD and that funds to cover the balance be re -deposited for the six month
Co time extension.
0 FLOOD CONTROL DISTRICT REPORT
a
The Manager advised the Council that she was notified of problems
Q with maintenance of drains constructed by the Flood Control District as
a result of Proposition 13. Mrs. Clifton said that most of the drains
in the City, including those built by the Flood Control District, have
been taken care of routinely by the Rolling Hills Maintenance Staff.
CITY MANAGERS' SPRING MEETING
1331
Councilman Rose moved that the Manager be authorized to attend the
City Managers' Spring Meeting February 7 - 9, 1979. The motion was
seconded by Councilman Crocker and carried by the following roll call
vote:
AYES: Councilmembers Crocker, Rose, Swanson, Mayor Pernell
NOES: None
ABSENT: None
ABSTAINED: Councilman Heinsheimer
REPORT ON WOLINSKY LITIGATION 1362
The City Attorney reported that he met with the attorney for Dr.
Sam Wolinsky who filed suit against the City for damages to his property
by drainage after .January 1, 1978. Mr. Kinley said they visited the
Wolinsky property and inspected the road, storm drain, energy dissipater,
and reviewed the maps for the construction. Mr. Lawler, Dr. Wolinsky's
attorney, said he wished to file a cross complaint on behalf of the City
against the engineering firm that designed the original 1964 plans for
the flood disposal system. Mr. Kinley said the Council would have to
authorize such action before it could be initiated. Mr. Kinley said the
E. L. Pearson Engineering firm had done the work, and the bill was paid
in 1965.
Mr. Kinley was asked to research the matter, and make a report at
the next meeting.
POLICY PROCEDURES: REVIEW OF CONDITIONAL USE PERMIT REQUIREMENTS 1410
Mayor Pernell opened discussion of a request by Councilwoman
Swanson that the Council review their action on a request by Mr. S. L.
Coates for clarification regarding his house plans.
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December 11, 1978
After a presentation to the Council at the November 27 meeting by
Mr. Coates the City Attorney was directed to determine whether the plans
for the house submitted to the Architectural Committee violate any of
the conditions of approval of a Conditional Use Permit issued by the
City Council on April 10, 1978 at a hearing of an appeal of the Planning
Commission's decision to deny the permit. Mr. Coates was advised that
unless he could settle the matter administratively it would be necessary
to re -open the entire matter, and Mr. Coates said he wished to work with
the staff on the matter. Mr. Kinley wrote a letter to Mr. Coates on
December 7 and stated that the changes in the plan did not violate the
provisions of the decision of the City Council on April 10.
In discussing the matter Councilmembers Crocker and Swanson said
they thought the City Attorney should have consulted with the Council
before making his decision known to Mr. Coates; Councilmembers Rose,
Heinsheimer and Mayor Pernell said they thought Mr. Kinley had acted
according to the Council's direction to review the findings prepared
after the hearing on April 10, and to work administratively with the
Manager in advising Mr. Coates, and to return the matter to the Council
only if the plans deviated from the Council's approval.
Councilwoman Swanson moved that as a matter of policy future re-
quests regarding clarification of conditions of approval of conditional
use permits or variances be placed on the City Council agenda as a
regular item of business. The motion was seconded by Councilman Crocker.
After further discussion of .the matter Councilman Rose moved that a
letter be sent to Mr. Coates rescinding the letter sent by Mr. Kinley
and advising him that the matter would be placed on the Council's next
agenda. Councilman Rose then withdrew his motion and moved that in
the future any reconsideration of any conditional use permit or variance
be placed on the agenda. Councilman Crocker seconded the motion. The
Mayor asked Councilmen Crocker and Heinsheimer to work out a policy
procedure to be presented to the Council.
Councilman Rose then moved that the matter be tabled. The motion
was seconded by Councilman Crocker and carried by the following roll
call vote:
AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson
Mayor Pernell
NOES: None
ABSENT: None
Councilman Crocker moved that the Council rescind the letter
dated December 7, 1978 and place the matter on a regular Council agenda.
The motion was seconded by Councilwoman Swanson and failed to carry on
the following roll call vote:
AYES: Councilmembers Crocker, Swanson
NOES: Councilmen Heinsheimer, Rose, Mayor Pernell
ABSENT: None
AUDIT REPORT 133-2
The Mayor directed that the Audit Report for the period July 1,
1977 to June 30, 1978, prepared by Cotton and Francisco be held until
the next meeting of the Council to give the City Treasurer an oppor-
tunity to review it.
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December 11, 1978
PRELIMINARY REPORT, PHASE I, ABALONE COVE LANDSLIDE 134
Mrs, Clifton advised the Council that she had obtained a copy
of the Preliminary Report of the Geotechnical Investigation of the
Abalone Cove Landslide in the City of Rancho Palos Verdes Estates.
The Manager was directed to keep in touch with the Manager of Rancho
Palos Verdes, and to advise the Council of any developments, partic-
ularly with regard to restrictions on water discharge above the slide
area.
ABSENCE FROM CITY
Councilwoman Swanson advised the Council that she will be away
from the City from December 15 until December 26. Councilman Crocker
and Mayor Pernell said they would be away from December 26 until
January 2
Co MATTERS FROM THE COUNCIL
CD
O AIR QUALITY MANAGEMENT PLAN
Q --
Q Councilwoman Swanson said the cities were requested to make
Q comments for consideration by the AQMP, and she asked Mr. Don Gales,
19 North Middleridge Lane, a meteorologist, to assist her. Mr. Gales
prepared a report, and Councilwoman Swanson said that with the con-
currence of the Council she wished to make the report available to the
South Bay Cities Association and to other cities on the Peninsula.
REGIONAL TRANSPORTATION PLAN 245-2
Councilwoman Swanson said the Peninsula cities are getting
together to share information and work on a regional transportation
plane She said she would continue to report to° -the Council as Chair-
man of the Committee.
GIFT TO CITY 260
Mayor Pernell advised the Council that he was contacted by Mr,
Richard Colyear, 35 Crest Road West; Mr. Colyear said he wished to
make a gift of cash to the City of Rolling Hills before December 31,
1978, The Mayor said he discussed with Mr. Colyear the fact that he
has an application on file with the Planning Commission for a con-
ditional use permit, and Mr. Colyear said the gift would be for tax
purposes, and the matter before the Planning Commission would have
no bearing on it.
Councilman Rose moved that the City approve acceptance of the
$1,000 cash gift from Mr, Colyear. The motion was seconded by Council-
man Heinsheimer and carried by the following roll call vote:
AYES: Councilmen Heinsheimer, Rose, Pernell
NOES: Councilwoman Swanson
ABSENT: None
ABSTAINED: Councilman Crocker
The Mayor said he would send a letter to Mr. Colyear on behalf
of the Council.
GEOLOGY ON BUGGY WHIP DRIVE
293
Mrs. Clifton said that Dr, Richard Meriam, 40 Eastfield Drive, a
geologist, has offered to donate his services in connection with
164
December 11, 1978
consultation with the City Manager on the riding ring on Buggy Whip,
and would submit a written report of his recommendations to the City
Council. Mrs. Clifton said she and Dr. Merriam plan to meet on
Tuesday, December 12.
LENGTH OF MINUTES
The Manager advised the Council that in her opinion too much
time is being spent on preparing minutes of meetings. Mayor Pernell
said the Chair can determine the type of minutes prepared, and he felt
the reporting could be limited to a brief description of the item and
action. Councilwoman Swanson said narrative minutes keep other bodies
informed and she wished to keep the minutes in their present form.
Other Council members agreed that minutes should be limited to a brief
description, and the Secretary was directed to shorten the minutes,
starting with the current meeting.
COY PROBLEM
Councilman Heinsheimer said the coy problem is being brought
under control; however, he has noticed several large licensed dogs
running with the coy packs. The Council agreed that the control of
cogs should continue since they present a health and safety problem.
PERSONNEL SESSION 408
Mayor Pernell recessed the meeting to a personnel session at
11:20 P.M. The meeting was reconvened at 11:35 P.M. and Mayor
Pernell said the Council discussed the resignation Margot Krismer,
the Bookkeeper, and a Workmen's Compensation claim filed by a Secur-
ity Officer filed as a result of harrassment by a Rolling Hills
resident. The matter of the harassement will be taken up at an ,
office conference withthe District Attorney on December 15.
RESOLUTION NO. 405
Councilman Crocker moved that Resolution No. 405 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS RECOM-
MENDING THE APPOINTMENT OF MASON H. ROSE V TO THE ARCHITECTURAL
AND TRANSPORTATION BARRIERS COMPLIANCE BOARD be adopted, and that
reading in full be waived. The motion was seconded by Councilman
Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Rose, Swanson
Mayor Pernell
NOES: None
ABSENT: None
ADJOURNMENT
The Mayor adjourned the meeting at 11:40 P.M. to reconvene on
Monday, January 8, 1979, since there will not be a quorum available
for the next regular meeting.
city �
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Councifwomarh Swanson asked that -the record contain the following statement:
"The Architectural Committee does not have the audience in at their meetings.
in fact, they prohibit the audience from attending their meetings. This
is the only meeting at which the public is notified, to which the public
can come and attend and voice their opinion in a democratic manner, and I
would like the record to reflect that in this action, I feel that we have
precluded the democratic process.
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