4/23/1979fie
•
•
203
MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
April 23, 1979
A regular meeting of the City Council of the City of Rolling Hills
was called to order at the Administration Building, 2 Portuguese B=end
Road, Rolling Hills, California by Mayor Swanson at 7:30 P.M. Monday,
April 23, 1979.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
None
Teena Clifton
William Kinley
L.D. Courtright
June Cunningham
Douglas McHattie
Jerry Zinman
APPROVAL OF MINUTES 820
City Manager
City Attorney
City Treasurer
Deputy City Clerk
South Bay Engineering
Resident
The minutes of the meeting of April 9, 1979 were approved and
accepted as presented on a motion made by Councilman Crocker, seconded
by Councilman Rose and carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES None
ABSENT: None
FINANCIAL STATEMENTS 830
The Financial Statements for March 1979 were approved and accepted
on a motion by Councilman Crocker, seconded by Councilman Pernell and
carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
PAYMENT OF BILLS 893
Councilman Rose moved that Demands No. 7924 through 7960 in the
amount of $44,943.69 be paid from the General Fund, and that Demand
No. 7961 be voided. The motion was seconded by Councilman Crocker and
carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
SUBDIVISION NO. 70, TRACT 33871, CHACKSFIELD-MERIT HOMES 920
Mayor Swanson ordered the matter held on the agenda until May 14,
after consideration of the sound attenuation wall by the Architectural
Committee.
MA
April 23, 1979
REPORT, MEETING WITH DEVELOPERS AND ENGINEERS RE:
PROPOSED IMPROVEMENTS, JOHNS CANYON ROAD AREA 950
Councilman Crocker reported that on Monday, April 16 he met with
the Manager, Mr. Jim Collis, developer of Tract 33871 and Mr. McHattie,
his engineer, also. Mr. Walter Storm, developer of Tract 31437 and his
son-in-law. In the discussion, Mr. Collis advised that the electrical
service for his tract will be furnished from Crenshaw Boulevard, and he
would not be willing to participate in undergrounding the utilities on
Johns Canyon Road between Crest Road and his property. Mr. Storm said
he would not participate in the project, since it is not a requirement
of approval of his tract. Both developers have agreed to pay a pro
rata share of the projected cost of $70,000 to $80,000 for improving
Johns Canyon Road, based on the number of lots. Mr. Gordon Shultz,
owner of property in the area which could eventually be divided into
three parcels under existing regulations, was not present at the meeting.
Mrs. Clifton said she talked with Mr. Shultz by telephone after the
meeting, and sent him a copy of the information which was discussed.
Councilman Crocker suggested that one way to enforce participation by
all developers would be for the City to obtain an advance of Mr. Shultz's
pro rata share of the road improvement, based on three lots, and when
the Shultz property is eventually developed, make reimbursement, charg-
ing for use of the money. Councilman Crocker said that if Mr. Shultz
agreed to advance the money now, his costs would be lower than in the
future.
Mr.,McHattie advised. the Council that South Bay Engineering has
been designated as engineer for Mr. Storm, and will complete engineering
on the tract started by Meurer Engineering. Mr. Storm has indicated to
Mr. McHattie that he wishes to complete the subdivision within the one
year time period which remains. With regard to procedure, Councilman
Crocker suggested that a large bond be posted by the developers for road
improvements. Mrs. Clifton said a bond amounting to 250% of the cost
is required. Councilman Crocker said the Storm subdivision consists of
eleven lots; the Chacksfield-Merit subdivision has eight lots, and Mr.
Shultz has three potential lots, so if the costs are divided on a pro
rata basis, Mr. Storm and Mr. Collis could advance the total amount
required, and be reimbursed when the Shultz property is developed. It
was his suggestion that binding conditions for road improvements be
placed on all three subdividers.
Councilman Pernell asked about the rationale for requiring road
improvements but not undergrounding of utilities on Johns Canyon Road.
Councilman Crocker said a burden would be placed on the road by trucks
using Johns Canyon Road as access to the properties during development,
but there is no real basis for making the subdividers pay for the un-
derground utilities outside of their subdivisions. He said it will
cost between $18,000 and $20,000 per pole to remove four or five poles,
and would place an additional burden of $90,000 to $100,000 on the
developers who would not benefit from the undergrounding. Mrs. Clifton
reported that each of the four or five properties on Johns Canyon Road
outside of the subdivisions has a support pole on the property, so if
the poles were removed from Johns Canyon Road it would be necessary to
persuade each of the owners to underground to their houses to totally
underground the utilities. Councilman Heinsheimer suggested that a
letter be sent to the appropriate residents asking them whether they
would be willing to underground their utilities. Mrs. Clifton asked
all Council members to visit the area before the next meeting to look
at the poles in question, which she said are highly visible at the
first curve, where there are no trees and no landscaping. Mr. Kinley
said it is important to determine whether any of the service which is
carried by the lines on the poles supply power to residences outside
of the City, and Mayor Swanson asked that the Manager provide that
information for the next meeting.
The Manager said a major question to consider is how wide Johns
Canyon Road should be. Mr. McHattie received permission from the
-2-
205
April 23, 1979
Council to pave Johns Canyon Road 22 feet wide, while retaining full
easements; however, the design done by Meurer Engineering is for 30
feet of -paving. The Manager asked that the Council decide how wide
the road should be, and if there is a difference in widths on portions
of the road, a transitional section will be required. Councilman
Heinsheimer said the entire road should be engineered from one end to
the other, and he said he would work with the Manager on road improve-
ment plans..
Councilman Pernell asked about the sequence of road improvements.
Mr. McHattie said he thought to build the road to handle the truck
traffic that will be involved in development of the lots would be
overkill, since there will not be a need for that type of road after
the houses are built.
Mr. Kinley offered to prepare a legal opinion on undergrounding
for the next meeting, and Mayor Swanson asked him to do so.
coco CITY OF RANCHO PALOS VERDES SLIDE UPDATE 1110
0 Mayor Swanson said the matter was held on the agenda for addition-
al information. Since there have not been any new developments, she
Q asked that it be kept on the "hold agenda" and she asked that a letter
Q be sent to the Rancho Palos Verdes City Council asking that the Rolling
Hills Council be advised of any new information. Councilman Pernell
said the matter would be an appropriate topic of discussion at month-
ly meeting of.the Mayors of Peninsula cities. Mrs. Clifton said the
minutes of the Rancho Palos Verdes Council meetings are sent to Rolling
Hills, and any information about the slide would be extracted and pre-
sented to the'Council.
POPPY TRAIL RESIDENCE RECONSTRUCTION 1127
Mayor Swanson said she was riding in the vicinity of the Kim
property at 7 Poppy Trail and was concerned about the status of the
reconstruction of Dr. Kim's residence. The Manager distributed copies
of a letter dated January 3, 1979 from Geotechnical Consultants to
Dr. Kim's attorney, which was sent to Mrs. Clifton by George Fosdyke
and Associates. Information. in the letter stated that settlement of
the house corners continues, and from the data provided, there is no
indication of slowing in the rate of settlement. On this basis, com-
pleting repair work on the residence should be delayed until settle-
ment ceases or slows to an acceptable rate; the delay is estimated
to last 6 to 12 months or more.
Mrs. Clifton said she had advised Dr. Kim that the Council would
be discussing the matter, and he said he would not be present at the
meeting. Mr. Kinley said he discussed the problem with Mr. Michael
Boland, Dr. Kim's attorney, and Mr. Boland said he was advised that
an attempt would be made to put the house back together during the
summer, after the initial six months mentioned in the letter. Mrs.
Clifton said if the work is delayed twelve months from the time the
letter was written, the rainy season could be a problem. Mrs. Clifton
said she discussed the matter with Mr. Fosdyke on Friday, April 20,
and at that time he was unable to give her any proposed date, because
no new grades had been shot to determine whether the settling has
actually ceased.
Mayor Swanson said she does not wish to impose any additional
pressure on the owner but she is concerned about the appearance of
the property. Councilman.Pernell suggested that the Manager be -auth-
orized to handle the matter administratively, and keep in touch with
the progress. Mrs. Clifton said she would contact Mr. Montagna, the
geotechnical consultant in the matter, and inform the Council of any
developments.
-3-
206
April 23, 1979
REQUEST FOR EMPLOYMENT OF ADMINISTRATIVE ASSISTANT 1191
Mayor Swanson opened discussion of a request by the Manager for
authorization to employ an Administrative Assistant. The Mayor said
the Manager had interviewed a candidate for the position and wished
to make a decision, therefore discussions were held with the Mayor
and members of the Board of Directors of the Rolling Hills Community
Association while Councilman Pernell, the Council's personnel officer,
was away on vacation.
The Mayor outlined the present and proposed salary schedule for
the Maintenance Supervisor/Architectural Inspector, and she said the
Manager proposed that the position of Chief Security Officer be elim-
inated, with the duties to be assumed by the Administrative Assistant.
who would be paid 75% by the Community Association and 25% by the City.
In discussing the matter, Councilman Heinsheimer expressed a con-
cern about the connotation of the position; Councilmen Pernell and
Mayor Swanson expressed their opposition to the proposal; Councilmen
Crocker and Rose supported the Manager's request. Following the dis-
cussion Councilman Rose moved that the Council authorize creation of
the position of Administrative Assistant, and that the Manager be
authorized to hire an Administrative Assistant for a basic compensation
as set forth in information provided to the Council. Councilman
Crocker seconded the motion.
The Mayor asked the City Attorney to give his opinion about the
proposed allocation of costs between the City and Association. Mr.
Kinley said he considers it vital to maintain the autonomy of the
Association, separate and distinct from the City, and it was his
opinion that the job description provided by the Manager indicates
that the position should be created and paid for by the Community
Association, since the things listed in the job description will be
done for the Community Association. Councilman Crocker said the
City and Association share all costs except for Mrs. Minor, who is
employed by the Association, and Mrs. Cunningham, employed by the
City; Mrs. Clifton and all other members of the staff are employed
by and paid by both the City and Association. He agreed with the
Manager that the costs should be allocated between the City and the
Association, based on the amount of work done for each.
Councilman Pernell offered a substitute motion that the matter
be referred to a Committee with a request that a report and recom-
mendation be made at the next meeting. Mayor Swanson seconded the
motion, which failed to carry on the following roll call vote:
AYES: Councilman Pernell, Mayor Swanson
NOES: Councilmen Crocker, Heinsheimer, Rose
ABSENT: None
Councilman Rose restated his motion to create the position of
Administrative Assistant, and authorize the City Manager to hire an
Administrative Assistant, salary for the position to be paid 25% by
the City, and, if approved by the Community Association, 75% to be
paid by the Community Association, until such time as the position
is re-evaluated and costs re -allocated, if needed. The motion was
seconded by Councilman Crocker and carried by the following roll
call vote:
AYES: Councilmen Crocker, Heinsheimer, Rose
NOES: Councilman Pernell, Mayor Swanson
ABSENT: None
Mayor Swanson asked the Manager to
Directors of the Association and discuss
asked that the minutes of the Council's
provided to the Board for their meeting.
-4-
meet with the Board of
the matter with them. She
action on the matter be
W
CD
0
Q
Q
Q
207
April 23, 1979
LOCAL AGENCY FORMATION COMMISSION 1757
A letter dated April 12, 1979 from Ruth Benell, Executive Officer
of the Local Agency Formation Commission of Los Angeles County, clari-
fying action on April 11, 1979 with respect to a Sphere of Influence
Study involving Rolling Hills, Rolling Hills Estates and Torrance was
received for the file.
CITY OF RANCHO PALOS VERDES RE: MORGA 1778
A letter dated April 3, 1979 from Rancho Palos Verdes, and a copy
of a Resolution of the City Council of Rancho Palos Verdes supporting
Assembly Bill 479 (Ryan) which proposes to modify the Municipal Organ-
ization Act of 1978 (MORGA) were presented to the Council.
Councilman Crocker moved that the Council send a letter to the
Legislature expressing their concerns, and supporting Assemblywoman
Marilyn Ryan's Bill. The motion was seconded by Councilman Rose and
carried by the following roll call vote:
AYES: Councilmembers
Mayor Swanson
NOES: None
ABSENT: None
Crocker, Heinsheimer, Pernell, Rose
SOUTH BAY CORRIDOR STUDY STEERING COMMITTEE 1804
A letter dated April 6, 1979 from Allen B. Stephenson, Study
Coordinator of South Bay Corridor Study Steering Committee advised
that Rolling Hills share of the remaining Phase II funds is $31.70,
and he asked that the Council approve the use of the balance for
Phase III purposes. A motion to approve the request was made by
Councilman Rose, seconded by Councilman Crocker and carried by the
following roll call vote:
AYES: Councilmembers
Mayor Swanson
NOES: None
ABSENT:' None
PLANNING COMMISSION ACTION
Crocker, Heinsheimer, Pernell, Rose
:1•
Councilman Crocker moved that the Council appeal from the decision
of the Planning Commission on April 17, 1979, approving a guest house
in the front yard of the Marvin Malmuth property at 3 Pine Tree Lane.
Councilman Pernell seconded the motion, which was carried by the fol-
lowing roll call vote:
AYES: Councilmembers Crocker, Pernell, Rose,
Mayor Swanson_
NOES: Councilman Heinsheimer
ABSENT: None
Mayor Swanson asked that the Planning Commission and the applicant
be advised that the matter will be heard at the next meeting.
PROPOSED ORDINANCE - GUEST HOUSES 1890 - /2.
Mr. Kinley reported that he had sent each Council member three
versions of a proposed ordinance amending the Zoning Ordinance to deal
with accessory buildings such as cabanas, guest houses and servants
quarters, which will hereinafter be referred to as "guest houses".
-5-
Mrs
April 23, 1979
The matter was held on the agenda until after a hearing by the
Council on the Planning Commission's approval of the Malmuth guest
house.
URGENCY ORDINANCE RE: FLAME -X SHINGLES 18/2
Councilman Rose read into the record Urgency Ordinance No. U-39
entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A
MORATORIUM ON INSTALLATION OF FLAME -X TREATED SHAKES, AS PROVIDED
FOR IN SECTION 3203(E) OF ORDINANCE NO. 133, and moved that the urgency
ordinance be adopted. The motion was seconded by Councilman Crocker
and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
PROPOSED ORDINANCE AMENDING ORDINANCE.NO. 157, BUILDING CODE 51
Mr. Kinley presented a proposed ordinance which would amend
Ordinance No. 157 and repeal Ordinance No. 154. Mr. Kinley explained
that adoption of the ordinance would remove from the Building Code the
provision which permits use of Flame -X treated shakes over solid
sheathing.
The matter was held on the agenda for further consideration.
PERSONAL APPEARANCE, JERRY ZINMAN, 63 EASTFIELD DRIVE 57
Mr. Jerry Zinman, 63 Eastfield Drive, advised the Council that
during his absence from the City on April 21 his house was burglarized
and his dog was murdered. Mr. Zinman said he was concerned about an
apparent lack of security at the gates, stating that his mother was in
the City during his absence, and her entries were not logged in.
Councilman Rose said he would meet with Mr. Andrew Shaw, gate
chairman for the Board of Directors. Mrs. Clifton distributed copies
of a memorandum on Security Procedures which was sent to all Security
Officers on all shifts on April 17, 1979.
PROPOSED SUBDIVISION ORDINANCE 149
Mr. Kinley asked that the Subdivision Ordinance be returned to
the Council's agenda. The Clerk said it was placed on the hold agenda
at the Council's direction until the matter of the Proposed zone change
was considered and resolved, and both items would be on the next agenda.
LEAGUE OF CALIFORNIA CITIES 185
Mayor Swanson said the Mayor's Conference of the League of Cali-
fornia Cities will be held on May 21 - 23, and she wished to attend.
The Council agreed unanimously to authorize the Mayor to attend.
SOUTH BAY CITIES MEETING
192
Mayor Swanson reported that the Transportation.Study will be
discussed at the next meeting of the South Bay Cities on Thursday,,
April 26 at Fillippone's Restaurant.
ADMINISTRATIVE FEE FOR TRASH PICK UP 204
The Manager asked whether the Council wished to include an
administrative fee in the fiscal budget for trash pick up. The Council
agreed unanimously that no such fee should be added to the cost of
trash service.
WIN
2
211
REAL ESTATE TRANSFER TAX
April 23, 1979
214
The City Attorney reported that at a recent meeting of the Board
of Directors of the Community Association Mr. Forrest Riegel proposed
that a real estate transfer tax be considered and that Mr. Kinley be
requested to make the proposal to the Council.
Councilman Crocker moved that no new tax be considered at this
time. The motion was seconded by Councilman Heinsheimer and carried
unanimously.
CALIFORNIA CONTRACT CITIES ASSOCIATION 227
Mayor Swanson announced that the Annual Meeting of the California
Contract Cities Association will be held in Palm Springs May 17-20.
She asked that a member of the Council attend, if possible.
ADJOURNMENT 230
Co' There being no further business to come before the meeting,
(0 Councilman Heinsheimer moved that the meeting be adjourned. The motion
O was seconded by Councilman Rose and carried unanimously.
a
a
a
APPROVED:
Mayor
-7-
, z5w"'Xe
City Cler %