5/30/1979214.
MINUTES OF THE
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
May 30, 1979
An adjourned 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 Swanson at 7:30 P.M.
Wednesday, May 30, 1979.
ROLL CALL
PRESENT: Councilmen Crocker, Pernell, Rose,
Mayor Swanson
ABSENT: Councilman Heinsheimer
City Attorney William Kinley
ALSO PRESENT: Teena Clifton City Manager
Craig Robinson Administrative Assistant
June Cunningham Deputy City Clerk
Jody Murdock Planning Commission Chairman
Don Hendrickson Architect
APPROVAL OF MINUTES 1152
The minutes of the meeting of May 14, 1979 were approved and
accepted as corrected on a motion made by Councilman Crocker, seconded
by Councilman Rose and carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
PAYMENT OF BILLS 1170
Councilman Pernell moved that Demand No. 8012 be voided and that
Demands No. 8013 through 8044 in the amount of $20,727.90 be paid from
the General Fund, The motion was seconded by Councilman Crocker and
carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
FINANCIAL STATEMENTS 1203
The Financial Statement for April 1979 was approved and accepted
as presented on a motion made by Councilman Crocker, seconded by
Councilman Pernell and carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
CHACKSFIELD-MERIT SUBDIVISION, TRACT 33871
The Manager was requested to present a status report at the next
meeting and to advise the Council of the amount necessary for bonding
as defined in the conditions of approval of the tract on May 14, 1979.
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May 30, 1979
PROPOSED BUDGET, FISCAL YEAR -1979/80
Councilman Crocker reported that he had reviewed the proposed
budget sent to members of the Council and it was his recommendation
that the Council consider increasing the rental of City facilities
to the Community Association rather than re -allocating other charges
including personnel and road striping. Councilman Pernell said the
Council should look at the true costs, then allocate the charges, and
he asked whether the City was subsidizing the Community Association
in their rental agreements. Councilman Crocker said they were, to some
extent;further, he said the charges for office space can be adjusted
annually, since they are on a yearly lease; the riding ring lease is
due for renewal next year, and there are 15 years remaining on the
original 20 year tennis court lease. Councilman Crocker said he
would recommend that the Continuing Education allocation -and the
$4,000 Contingency Fund be eliminated, and that the City Attorney be
asked to defend the increased litigation allocation. In conclusion,
Councilman Crocker said $40,000 to $50,000 should be kept in the
Reserve Fund for emergency or disaster.
c Mayor Swanson said she thought the City should maintain control
co over road striping and delineators, rather than transfer payment of
0 those charges to the Community Association.
Q
Q Councilman Pernell said that in a recent personnel session there
Q was a discussion of more efficient use of resources, and it was his
recommendation that consideration be given in the budget to increasing
the efficiency and productivity of the staff, even if it means modify-
ing the existing building. Councilman Pernell said he asked the City
Manager to make her recommendations for the next meeting to be included
in the budget discussion.
Mayor Swanson said that Rolling Hills is not eligible for any bail-
out funds, and she asked that the City Attorney's letter to her dated
May 22, 1979 and his letter dated May 24, 1979 to Councilman Crocker
be made part of the record. In his letter to the Mayor, Mr..Kinley
advised that in response to a request by Councilman Crocker at the
meeting of May 14 that he provide an opinion as to whether or not the
City could collect a real property tax less than one percent of the
full cash value of the real property, he had determined that the to
tax collected by the counties must be apportioned according to the law
to districts within the county. If a local agency notifies the county
auditor that it does not wish to receive its total allocation, the
funds not claimed are allocated and approtioned among the other cities
and taxing agencies in the.county, and Mr. Kinley advised the Council
that there is no apparent benefit to the tax payers of Rolling Hills
in accepting any less than the amount allocated by the comptroller of
the County of Los Angeles. Further, Mr. Kinley advised that since
writing his opinion he was advised by the City Manager that it now
appears that the monetary requirements for Rolling Hills for the fiscal
year 1979-80 will exceed the amount received from the County.
In his letter to Councilman Crocker Mr. Kinley reported that he
was advised by the City Manager that it does not appear that the City
will receive enough funds from ad valorem taxes collected for Fiscal
1979-80 to cover all expenses, and she believed it would be necessary
to pass over to the Association some of the obligations the City has
been paying. The Manager discussed with the City Attorney the possi-
bility of having the Association pay the cost of all road striping,
and the salaries of the. maintenance men who spend all their time repair-
ing or doing maintenance work on the Association's roads or bridle trails.
Mr. Kinley said this could be accomplished legally as the Association
has the authority to expend funds for the enumerated purposed, and he
had written a letter to that effect to Mr. Lloyd Mokler, Finance Officer
for the Association.
In conclusion, Mr. Kinley said that,he had received no increase
in salary for inflation.for the year 1978-79 and he requested that
because of the additional hours expended on the City's work, his salary
as City Attorney be increased by fifteen percent.
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May 30, 1979
Mayor Swanson said a public hearing would be held on the budget
at the next meeting on June 11. Mrs. Clifton said she has met with
Mayor Swanson and Councilman Crocker and the City Treasurer to discuss
the proposed City budget, and has also met with members of the Board
of Directors to discuss the proposed Community Association budget; if
possible she wished to meet jointly with the finance officers and the
treasurer to discuss both budgets prior to the public hearing.
FIRE DANGER 1425
Mrs. Clifton advised the Council that the Fire Department is pro-
ceeding with inspections for the City's Weed Abatement Program, and
she asked that members of the Council advise her of any particularly
hazardous areas. Councilman Crocker asked that she advise the Fire
Department that weeds are extremely bad at the end of Spur Lane. The
Mayor directed that a notice be placed in the Newsletter asking that
residents call the City Hall to advise of hazardous areas.
PURCHASE OF FOLDING MACHINE 1444
The Manager advised that the folding machine.used in conjunction
with the City and Association mailings, especially the Newsletter, has
developed mechanical problems, and the staff has had demonstrations of
replacement machines. Mrs. Clifton said replacement of the equipment
would cost approximately $800.
Councilman Rose moved that the Council authorize purchase of a
new folding machine at a cost not to exceed $1,000. The motion was
seconded by Councilman Crocker, who suggested that the Community
Association be asked to pay half of the cost. The motion was carried
by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson.
NOES: None
ABSENT: Councilman Heinsheimer
ZONING CASE NO. 222, MARVIN MALMUTH, GUEST HOUSE, 1493
Mayor Swanson opened discussion of the Council's review of the
approval by the Planning Commission of a request by Mr. Marvin Malmuth,
3 Pine Tree Lane, for a variance of front yard requirements for con-
struction of a guest house/servants' quarters. Councilman Rose said he
had visited the site, and he moved that the Planning Commission's
approval be sustained.
Councilman Crocker said he visited the property with Councilman
Rose, and Mr. Malmuth had offered, as a condition of the Council's
approval, to enter into a written agreement never to subdivide the
property, with the understanding that the agreement would go with the
land.
Councilman Rose withdrew his motion and offered a new motion to
sustain the Planning Commission's approval on the condition that Mr.
Malmuth agree in a written and recorded covenant that the property,
which is in excess of five acres, will at no time be subdivided, and
that the covenant run with the land, and that all illegal structures
be removed from the easement. The motion was seconded by Councilman
Crocker.
In discussing the matter Mayor Swanson said she is concerned about
the wet bar, which can provide kitchen facilities in violation of the
building regulations and zoning ordinance. Mr. Don Hendrickson, archi-
tect for Mr. Malmuth, said there is no way to pre -design such a structure
to eliminate a future kitchen, and he said the wet bar was changed to
a snack bar. The Manager was directed to .make the new submittal pre-
sented by Mr. Hendrickson showing a snack bar "Exhibit B" for the file.
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May 30, 1979
The motion was carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
JOINT MEETING WITH THE PLANNING COMMISSION , 1664
Mayor Swanson said a joint meeting with the Planning Commission °
was scheduled for Monday, June 4, and she asked Planning Commissioner
Murdock to discuss with the Council the matters to be considered at
that meeting.
The Council and Chairman Murdock determined that the following
items would be placed on the agenda for the meeting:
Proposed Change of Zone from RAS -1 to RAS -2
Front Yard Setback and Proposed Ordinance Amending Zoning Ordinance
Budgetary Allocation for Staff Support
Discussion and consideration of three draft ordinances re:
Conditional Use Permits for guest houses, servants; quarters
and cabanas
Appeal Procedures by the City Council with regard to taking
jurisdiction after Planninc Commission actions
Personnel Session
cSECURITY PROCEDURES
o
Councilman Rose said a resident who has lived in the City for five
years has been the victim of five burglaries, and a vacant residence
next door permits hidden access to the victim's home. He suggested that
the Council, the Board of Directors, or both bodies, consider a procedure
to require a guard service for houses that are vacant for more than 60
days. Mayor Swanson said most of the burglaries in the city occur during
daytime hours. Councilman Pernell said he observed vandalism on signs
in the City which occured between 7:00 and 8:30 A.M., between the time
he drove to the City courts to play tennis and the time he returned home,
a period of a few hours in daylight.
PROPOSAL, PALOS VERDES PENINSULA REGIONAL LAV ENFORCEMENT 0 18/2
Mayor Swanson advised the Council that she attended a meeting of
Peninsula Mayors at which a possible regional law enforcement plan was
discussed, and she distributed cost factors based on participation by
four cities, including Lomita, Rancho Palos Verdes, Rolling Hills and.
Rolling Hills Estates. Mayor Swanson said the mayors agreed to take
the information to their Councils and report on their response at their
next meeting. Costs outlined in the proposal do not include costs of
a Community Service_Officer, the Burglary Apprehension` Team or the State
Grant Traffic Unit.
Councilman Crocker said he had attended a discussion of mutual
did agreements at a meeting of the South Bay Cities Association, and
-it was his opinion that the contract with the County is preferable
because of the staff and equipment available, especially in an emergency.
He said the situation in Palos Verdes Estates is critical, since they
have their own police and fire departments and have been severely af-
fected by Proposition 13. Councilman Rose said traffic enforcement
and a burglary apprehension team are needed in Rolling Hills. Council-
man Pernell said the figures presented indicate there would be approxi-
mately a 4o increase in the over-all cost.
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May 30, 1979
Mayor Swanson said she felt the City should not close the door,
and more information is needed before the Council can arrive at a
decision Mayor Swanson said there would be an additional discussion
at the next meeting of the Mayors, and she would report to the Council.
LOMITA SHERIFF 135
Mayor Swanson reported that she had talked with Captain Douglas,
Commander of the Lomita Sheriff's Station, and he assured her the
speed limit would be enforced in Rolling Hills. The Mayor said she
invited Captain Douglas to attend the City Council meeting on June 25,
and she asked the Manager to confirm the date with him.
LETTER RE: LT. THURNER 135
Councilman Rose asked that a copy of the letter to Sheriff Peter
Pitchess commending Lieutenant Walter Thurner, previously approved by
the Council, be sent to Mayor Jerry Belsky of Rolling Hills Estates.
AB 83 (BROWN) LONG TERM LOCAL GOVERNMENT FINANCING 145
Mayor Swanson reported on her attendance at the,League of Cali-
fornia Cities Conference in Sacramento, and she said that after pre-
sentation at the conference of information regarding AB 83, whe wished
to urge that a letter be sent to the legislators opposing the bill.
The Mayor moved that the Council oppose AB 83 and notify Assemblywoman
Marilyn Ryan and State Senator Robert Beverly of the action. The
motion was seconded by Councilman Crocker and carried by the following
roll call vote:
AYES: Councilmen Crocker, Rose, Mayor Swanson
NOES: Councilman Pernell
ABSENT: Councilman Heinsheimer
SB 858 (SMITH) LOCAL EMPLOYER-EMPLYEEE RELATIONS 225
Mayor Swanson reported that the League of California Cities has
gone on record in support of SB 858 on Local Employer -Employee
Relations, and it is her intention to abstain from voting in the matter.
SOUTH BAY CITIES MEETING
239
Mayor Swanson advised the Council that she has invited Don
Benninghoven, Executive Director of the League of California Cities,
to speak at the South Bay Cities Meeting on June 28 at Fillipones'
Restaurant, and he has advised her that he will attend.
PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33 - GUEST HOUSES 295
The Mayor referred the matter to the joint meeting of the City
Council and Planning Commission on June 4 for discussion.
URGENCY ORDINANCE NO. U-40 300
Mayor Swanson read into the record Urgency Ordinance No. U-40
which imposes a moratorium on guest houses for thirty days commencing
May 30, 1979.
Councilman Crocker moved that the ordinance, entitled AN ORDINANCE
OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING ORDINANCE NO. 33
ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING
FOR ZONING IN SAID CITY" be adopted. The motion was seconded by Coun-
cilman Rose and carried by the following roll call vote:
AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
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May 30, 1979
FIRE RETARDANT ROOF COVERINGS . 315
A report on Fire Retardant Roof Coverings prepared by Craig
Robinson,.Administrative Assistant, was presented to the Council.
Samples of fire retardant materi.al were displayed for the Council,
and the report recommended that since Flame -X is a special purpose
roof and is not classified as a fire retardant roof, an ordinance
should be adopted which would prohibit use of Flame -X shingles as
a fire retardant roofing material on new roofs and re -roofing of
existing structures; that the Architectural Committee be requested
to make a field trip to view other fire retardant roof covering
alternatives listed in the report; and that the staff be directed
to continue the investigations and research procedures..in other cities
pertaining to fire prevention measures.
Councilman Crocker said the Council should not concern itself
with esthetics, but should direct their efforts to eliminating unsafe
roofing materials by requiring Class "A" roofs. Mayor Swanson said
the growing emphasis on solar heating could impact on the appearance
aspepect of roofs, and she directed that the report on fire retardant
roofing materials be sent to the Board of Diretors of the Community
Association.
PROPOSED ORDINANCE AMENDING ORDINANCE NO. 157 - FLAME -X SHINGLES 329
Councilman Crocker moved that the proposed ordinance entitled
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 157
ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY
REFERENCE THE LOS ANGELES COUNTY BUILDING CODE" CONTAINED IN THE
1975 EDITION OF THE BUILDING LAWS PUBLISHED BY BUILDING NEWS, INC.,
FOR AND INSTEAD OF THE PRESENT BUILDING CODE, AND MAKING OTHER
AMENDMENTS be introduced, and that reading in full be waived. The
motion was seconded by Councilman Rose and carried by the following
roll call vote:
AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
PROPOSED DIVISION OF LAND ORDINANCE
425
Mayor Swanson said she wished to set a special meeting date for
the Council to review the proposed Division of Land Ordinance. Because
of the number of items on the Council's agenda, the Mayor said the
hearing on the proposed ordinance probably would not be held until
August, and she asked that members of the Council who anticipate
being away advise the staff.
ABSENCE FROM COUNCIL MEETINGS
Mayor Swanson said she will be out.of town from August 4 through
August 12. Councilman Crocker said he will be away from August 11
through August 25. Councilman Pernell said he expects to be away
late in July and will return early in August.
DELAY STUDY ON PALOS VERDES DRIVE NORTH 452
Mayor Swanson asked that a letter be sent to Rolling Hills
Estates advising that the Rolling Hills City Council is concerned
about the proposed.improvement of Palos Verdes Drive North and wishes
to be advised of all developments in the matter. The Mayor said she
would work with the Manager on the letter to be sent to Mayor Belsky.
CITY OF RANCHO PALOS VERDES RE: OPEN SPACE GRANT FUNDS 514
Ina letter dated April 16, 1979 Maynard Law, Director of Parks
and Recreation, City of Rancho Palos Verdes, advised that the Roberti-
Z'berg Urban Open Space Grant (SB -174) provides grants to local govern-
ments for acquisition and development of parks, recreation and open. .
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May 30, 1979
space areas and facilities. Since Rolling Hills is unable to
utilize the public grant fund, Mr. Law requested that the City's
funds be allocated to Rancho Palos Verdes for use in developing
the Point Vicente Park complex which could prove beneficial to
the entire Peninsula. Allocations for Rolling Hills from 1976
through 1979 total $3,715.
RESOLUTION NO. 415
. Councilman Crocker moved that Resolution No. 415, entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-
Z'BERG URBAN OPEN SPACE RECREATION PROGRAM be adopted, and that
reading in full be waived.
The motion was seconded by Councilman Rose and carried by
the following roll call vote:
AYES: Councilmembers Crocker, Pernell, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Heinsheimer
REVISED PROJECT SHARES, SOUTH BAY CAREER CRIMINAL APPREHENSION 516
A revised Project Shares assessment for cities participating in
the South Bay Career Criminal Apprehension Program was presented to
the Council. The Mayor ordered the matter held on the agenda for
consideration at the next meeting.
PLANNING COMMISSION RE: FRONT YARD SETBACK REQUIREMENT 530
In a letter dated May 22 the Planning Commission recommended
that the Council direct the Planning Commission to undertake a review
of present City setback requirements, hold public hearings if appro-
priate, and report to the Council on their findings. A sample of a
proposed amendment of the Zoning Ordinance amending Section 3.06,
Front yards, was attached.
Mayor Swanson directed that the matter be referred to the
joint meeting of the City.Council and the Planning Commission for
discussion.
CHANGE IN MEETING TIME 543
The Manager requested that the meeting on June 11 be changed to
7:15 P.M. to give the Councilmembers an opportunity to review the
emergency telephone system and generator installed in the City Hall
before the start of business at 7:30.
ADJOURNMENT 553
Mayor Swanson adjourned the meeting at 10:40 P.M. to reconvene
with the Planning Commission at 7:30 P.M. Monday, June 4, 1979.
APPROVED:
Mayor
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