6/25/1979239
MINUTES OF THE
REGULAR 1MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
June 25, 1979
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 Swanson at 7:30 P.M. :Monday,
June 25, 1979.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmen Crocker, Heinsheimer, Rose, Mayor Swanson
Councilman Pernell arrived at 7:40 P.M.
None
Teena Clifton
William Kinley
L. D. Courtright
June Cunningham
Craig Robinson
Capt. E. Davis
G. Shaw
Dr. S. Wishner
K. Watts
J. Farrow
City Manager
City Attorney
City Treasurer
Deputy City, Clerk
Administrative Assistant
.'Commander, Lomita Station
Architect
Residents
Councilman Crocker moved that the minutes of the meeting on June 11
be approved and accepted as corrected. The motion was seconded by Coun-
cilman Heinsheimer and carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Pernell
FINANCIAL STATE14ENTS
Councilman Crocker moved that the Financial Statements for May 1979
be approved and accepted as presented. The motion was seconded by Coun-
cilman Rose and carried by the following roll call 'vote:
AYES: Councilmen Crocker, Heinsheimer, Rose, Mayor Swanson
NOES: None
ABSENT: Councilman Pernell
PAYMENT OF BILLS
Councilman Crocker moved that Demands No. 8084 and 8085 be voided;
that Demands No. 8086 through 8115, with the exception of Demands No.
8087, 8088, 8097 which are voided, be paid in the amount of $12,020.97
from the General Fund, and that Demand No. 8116 in the amount of $96.07
be paid from the General Fund. The motion was seconded by Councilman
Rose and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
None ,
None
9M
June 25, 1979
PERSONAL APPEARANCE, CAPTAIN ED DOUGLAS, SHERIFF'S LOMITA STATION
Mayor Swanson welcomed Captain Ed Douglas ' , recently appointed
commander of the Sheriff's Lomita Station, to the meeting. Captain
Douglas said he had met recently with the Mayor and the City Manager
and the purpose of his visit was to become acquainted with the other
members of the Council. Topics discussed by Captain Douglas and
members of the Council included the recent increase in burglaries,
installation of a security system at the gates, enforcement of the
City's speed limits, and regional law enforcement.
With 'respect to a statement by Captain Douglas that he served
at the Sheriff's Malibu Station, Councilman Pernell asked that he
assist the City of Rolling Hills with a plan for controlling sight-
seers and evacuating animals during fire emergencies. Councilman
Heinsheimer asked whether the Sheriff's Ride Along Program is still
in effect, and he was advised that it is.
Mayor Swanson thanked Captain Douglas for his appearance before
the Council.
ROOFING MATERIALS 625
470
The Manager advised the Council that she had gone to a residence
in Hawthorne with Mayor Swanson and Craig Robinson, Administrative -
Assistant, to look at a Briar Shake installation. In a memorandum to
the Council dated June 25 the Manager advised that the architects
employed by the Rolling Hills Community Association viewed the roof
and objected to the material because they thought it looked artificial
and would cheapen the houses, although they did not object to the color
or texture. 'In a memo to the Council 'dated June 22 Mr. Robinson advised
that samples of a concrete tile material would be available at the meet-
ing. Mr. Robinson said the Architectural Committee was requested to
give top priority to the problem of approving an acceptable fire
retardant roofing material.
Mr. Robinson showed the tile samples furnished by Monray Corp. in
Corona, and he said they were presented as an acceptable alternate for
Cal -Shake, which is no longer manufactured. Mr. Robinson said Koppers,
which has been approved by the Architectural Committee, is approxi-
mately three times the cost of Cal -Shake. Councilman Rose asked if
existing houses could support the tile displayed to the Council, and
Mr. Robinson said residences would have to be evaluated on an.indiv-
idual basis with regard to supporting the roof.
Mayor Swanson said the greatest problems facing the community
with regard to finding an acceptable alternate material are urgency
and expense. The Mayor said the prime consideration should be fire
retardancy, cost, weight, and insulation characteristics, and she said
she discussed the urgency of the matter and the need for the Architec-
tural Committee to.act promptly with Mr. Stringfellow, President of the
Board of Directors.
Mr. Kenneth Watts, 1 Wrangler Road, advised the Council that he
was told that the City of Big Bear approves installation of untreated
shakes over galvanized steel sheathing, and that the method of instal-
lation limited damage to roofs from burning brands in case of fire.
Councilman Rose suggested that a member of the staff contact the City
of Big Bear for specific information about the installation described,
and that a report be made at the next meeting.
Mr. Kinley said he had seen an installation of Briar Shake on a
condominium development in Long Beach, and he suggested that members
of the Council visit the site, since Mr. Kinley said he thought the
roof looked good. The City Attorney said he would provide the Council
with the address.
The matter was held on the agenda for additional information.
SPAS
241
June 25, 1979
STOCKPILING OF BUILDING MATERIALS
Councilman Crocker requested that the matter of stockpiling of
building materials by Mr. Shultz in the easement of his property on
Johns Canyon Road be placed on the hold agenda for a report by the
City Attorney. The Mayor so ordered.
VACATION SCHEDULE 738
Mayor Swanson said she had asked the Manager to submit her
proposed vacation schedule to the Council, and to advise them who
will be in charge in her absence. Mrs. Clifton -s-aid the vacation
schedule for the entire staff has been prepared and will be sent to
the Council.
HEARING ON APPEAL, ZONING CASE NO. 231, DR. STANLEY WISHNER 750
Mayor Swanson opened a hearing on appeal filed by Dr. Stanley
Wishner, 31 Portuguese Bend Road, on denial by the Planning Commission
co of a.request,for a front yard variance for an existing structure in
(o the front yard. The Mayor asked that the record .show that all members
O of the Council received an excerpt from the minutes of the Planning
Q Commission meeting on June 5, reporting the Commission's action.
Q Councilman Crocker suggested that since the basis for the denial
Q was the proximity of the.structure, which was built as a stable but is
now used for storage, to a proposed residence addition, the Council
could consider requiring that the building be modified so that 50%
could be used as a stable and 50% could be used for storage, with a
requirement that the entry to the stable be more than 35 feet from
the residence and the storage portion'of the building could be closer
to the proposed residence addition. To enforce the stipulation with
regard to use, Councilman Crocker said a covenant could belrequired
from the owner. Mr. Kinley said such a covenant could lead to further
litigation to enforce, and he advised against it. Councilman Heins-
heimer said it was contrary to the characteristic of the community to
require that an existing stable be removed, or that the use be changed
to accommodate a residence addition. Mayor Swanson said the structure
was built in 1944, before .the zoning ordinance was in existence, and
was not in conflict with any regulations at that time. The problem
now exists because the Wishners wish to add on to their home in the
only practical manner, which brings the accessory building into conflict
.with.their plans. Commissioner Pernell said he would like to hear from
the appellant.
Dr. Wishner said he wished to add three bedrooms and two baths,
while trying to maintain the character of the community and nres.ervie
the atmosphere of his property. Dr. Wishner said a lot of work had
gone into the project before the problem became evident, and he asked
that progress of the residence addition not depend on removal of an
existing building.
Councilman Heinsheimer asked for clarification of the matter with
regard to requiring a front yard variance for a structure in the front
set back, and he asked whether an additional variance was necessary
if the structure was not to be used as a stable. Mr. Kinley said the
only request made to the Planning Commission was for a front yard var-
iance for an existing structure in the front set back, and the word
"stable" was not used in the motion of denial by.the Commission.
Mr. George Shaw, architect for Dr. Wishner, displayed the plan
and he advised the Council that an area for a stable with access to
it was provided in a legal location as required by the ordinance.
In a straw vote of the Council Mayor Swanson determined that all mem-
bers .of the Council were agreeable to leaving the building as it is.
Councilman Pernell said he was concerned about the future use under
new ownership, since the building does look like a stable. The City
u Attorney said the Council could attach a condition prohibiting future
use of the building as a stable.
-3-
242
June 25, 1979
Councilman Crocker moved that the Council over rule the decision
of the Planning Commission and grant a front yard variance on condition
that the building not be used to house animals. Councilman Rose secon-
ded the motion.
The City Manager advised the Council that she was concerned about
a lack of consistency in approving the variance for the structure, and
also about the difficulty of enforcing the conditions of approval. She
asked that the Council give serious thought to the precedent that they
might be establishing. Mr. Kinley said enforcement could be assured
either by a covenant or by a restriction on the use. Councilman Rose
said he would prefer a covenant. Councilman Pernell asked why a cov-
enant would be preferable to a condition attached to the approval;
Councilman Crocker said a covenant would be a matter of record on the
title policy.
Councilman Rose amended the motion to require that the approval
of the front yard variance be subject to a covenant regarding use of
the structure. The motion was seconded by Councilman Crocker.
The amendment to the motion carried on the following roll call
vote:
AYES: Councilmen'Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
The motion as amended carried on the following roll call vote:
AYES: Councilmen Crocker,-Heinsheimer., Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
The City Attorney advised Dr. Wishner that as a condition of
approval, he should have his attorney prepare a covenant to be forwar-
ded to Mr. Kinley for approval.
Mr. Shaw advised the Council that the plans for the residence
addition show the main residence 47 feet from the road, and an item
on the Council's agenda is second reading and adoption of an amend-
ment to the zoning ordinance which would change the front set back
requirement from 35 to 50 feet. In discussing the matter members of
the Council agreed that there should not be a further delay because
of a subsequent change in the ordinance after consideration of the
plans, and it was suggested that an exception be made in Dr. Wishner's
case. Mr. Kinley said the ordinance could include an exclusion for
all plans which have been submitted, rather than make a single exclu-
sion for Dr. Wishner. Further, Mr. Kinley said the date on which the
ordinance becomes effective could be delayed to accommodate the plans
already submitted.
PRESENTATION TO COUNCILMAN HEINSHEIMER 1018
Mayor Swanson presented a framed commemorative poster signed by
Paul Conrad, the artist, commemorating the Gordon Bennett Balloon Race
in Long Beach on May 26, 1979 to Councilman Heinsheimer, who initiated
return of the race. Councilman Heinsheimer thanked Mayor Swanson and
the Council, and said he wished to present the gift poster to the City,
to be displayed where it could be seen by the public.
I .
June 25, 1979
PROPOSED BUDGET, FISCAL 1979/80 1055
243
Mayor Swanson opened a public hearing on the proposed Budget for
Fiscal 1979/80. The preliminary budget, dated June 20, 1979, was're
viewed and the Manager said that at a recent meeting with Councilman
Crocker and Director Bray, the key issue was discussion of allocation
of charges for rental of a portion of the City Hall and Maintenance
Building by the Community Association. Mrs. Clifton said the Board
of Directors held a public hearing on the Community Association's
preliminary budget at the last meeting, and the Board agreed with the
allocation of charges.
Mrs. Clifton -.said the'Board discussed the possibility of hiring
an appraiser to verify the charges with regard to fair rental value,
and the Manager said she advised the Board that Mr. Crocker had some-
one in his company review and verify .the figures, but the Board felt
it would be more business -like to hire an appraiser, to be paid for
jointly by the City and Association. Councilman Crocker suggested'
that the Manager contact a local realtor who is familiar with the area
to appraise the property for a nominal fee. Councilman Heinsheimer
co said he did not think the citizens' money should be'used to solve an
Co administrative problem. Mayor Swanson said she would discuss the '.
O matter with Mr. Stringfellow, Board President, and she invited other
Q Council members to join in the discussion if they wished to do so.
Q Councilman Crocker said an important policy question facing the
Q Council is their wish to keep a.reserve fund of $40,000, since in the
next year $35,000 of that fund, including $10,000 from CETA, will note
be available. In order to assure the reserve fund, Councilman Crocker
said it will be necessary to charge the Community Association a fair
rental, or services will have to be cut dramatically to balance.the
budget.
Mr. Larry Courtright, City Treasurer, said the essence.of.the
Gann Initiative is to limit.future appropriations, and if_the revenues
and taxes collected.exceed the appropriationts there has to be a credit.
Under the Gann Initiative the limitation can.:be exceeded for emergencies
or catastrophe, with three years allowed to pay back, he said. Mr.
Courtright recommended that a basis for anticipated expenses.be estab-
lished, and he said the City faces self-insurance for recurring fire
and flood damage, such as that experienced in the Poppy Trail area.
Since such expenses could be recurring expenses, Mr. Courtright recom
mended that the unappropriated funds for 1978/79 be allocated to a
FIRE AND FLOOD SELF-INSURANCE FUND, which should be'a line item in the
budget, and that the appropriation be made each year.
Councilman Rose moved that the Council approve.Mr. Courtright's
recommendation and allocate $40,000 from the City' -s 1978/79 Reserve to
a line item in the budget to be called FIRE AND FLOOD SELF-INSURANCE
FUND. 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
In discussing the preliminary budget, Mayor Swanson said that
Line 84 shows .an allocation of funds for Conference Expense/ICMA,
and no allocation for conference expense for the Council or City
Attorney. The Mayor asked that the fund for Conference expense be
made availabe to members of the Council, the Manager and Attorney.
Mrs. Clifton said that in addition to the International City Managers'
Association, the find included an appropriation for the League of.
California Cities Conference. The Council agreed to the deletion
of ICMA from the line item. Mayor Swanson said she wished to have a
line item for underground utilities included in the Budget. Council-
man Crocker said it should not be included because of the Council's
intent to adopt a lean budget. Mayor Swanson asked about the $336
-5-
244
June 25, 1979
allocated to So. Bay Juvenile Diversion Program on Line 93. Mr.
Kinley said that was the figure supplied to the City as its share
for participating in the program. Mayor Swanson suggested that
Publishing, Line 94, be changed to Sales Tax, (A.E. Hanson Book).
The Manager said the wording was carried over from last year's budget;
the cost is actually for sales tax, not publishing. Mr. Courtright
said the decrease in the total for Public Works Expenditures from
$57,663 to $36,705 in Line 111 refelected the reallocations in Charges
for Current Services, where the figure in Line 37 changed from $9,156
to $15,737, and transfer of the Maintenence Foreman's salary from
Line 100 to Line 56, Architectural Inspector/Maintenance Foreman.
Councilman Crocker moved that the preliminary budget dated
June 20, 1979 as revised at the City Council meeting on June 25, 1979
be adopted. The motion was seconded by Councilman Rose.and carried
by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
SOUTH BAY CITIES MEETING
Mayor Swanson urged members of the Council to attend the meeting
of the South Bay Cities on Thursday, June 28 at Fillippone's Restaur-
ant in Torrance. The Mayor said the topic of the program will be
Outlook for Local Government Financing. Mr. Don Benninghoven, Execu-
tive Director of the League of California Cities in Sacramento will
speak on Long Term Financing. Mr. Clifford Allamby, Principal Program
Budget Analyst for all budgets in the Governor's Finance Office will
speak on Prospects for Local Government Finance.
RESOLUTION NO. 416 1320
Councilman Crocker moved that Resolution No. 416 entitled
A RESOLUTION OF THE CITY OF ROLLING HILLS AUTHORIZING THE PARTICIPATION
OF THE CITY OF ROLLING HILLS IN THE SOUTH BAY CRIMINAL JUSTICE APPRE-
HENSION PROGRAM be adopted, and that reading in full be waived. The
motion was seconded by Councilman Pernell and carried by the following
roll call.vote:
AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
ORDINANCE NO. 169, AMENDING ORDINANCE NO. 33, FRONT SET BACK 1325
Mayor Swanson ordered the ordinance, which was introduced at the
last Council meeting. held on the agenda so the proposal to change
the front set back requirements from 35 feet to 50 feet could be re-
viewed by the Architectural Committee and the Board of Directors.
PROPOSED ORDINANCE AMENDING ORDINANCE NO. 33, GUEST HOUSES 1336
. The comments of the Planning Commission with regard to a proposed
amendment to Ordinance No. 33 for accessory buildings for cabanas,
guest houses and servants' quarters were reviewed by the Council.
Following discussion of the proposed amendments prepared by the
City Attorney, the Council agreed that version No. 1, which requires
a Conditional Use Permit, would be the preferred amendment, and that
conditions could be attached to the individual approvals. Further,
the Council agreed that the wording in Section 2, Paragraph 3 (A) be
im
CD
co
0
Q
Q
Q
245
June 25, 1979
changed from "kitchen" to "cooking".
Councilman Crocker moved that the proposed ordinance,'as revised,
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: Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
ANIMAL SHELTER SERVICES AGREEMENT 1536
The Manager advised the Council that on June 19, 1979 the Board
of, Supervisors approved the renewal of the Animal Shelter Services
Agreement for 1979/80. The.Council voted unanimously to authorize
the Mayor and the City Manager to sign and return the agreement.
PERIPHERAL CANAL AND RELATED FACILITIES 1553
Information about a proposed 43 mile long channel around the
eastern side of the Sacramento -San Joaquin Delta, known as the
Peripheral Canal, and a proposed resolution in support of the
legislation, supplied.by the City of Torrance, were presented to the
Council.
.Councilman Crocker said it was his opinion the City of Rolling
Hills should not take a position in the matter; Mayor Swanson said
the other cities on the Peninsula. have voted to support it. Coun-
cilman Rose moved that the information be received and filed. The
motion was seconded by Councilman Heinsheimer and carried by the
following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Rose
NOES: Mayor..Swanson
ABSENT: None
ABSTAINED: Councilman Pernell
MEETING WITH SUPERVISOR BURKE 1576
Mayor Swanson advised the Council that Supervisor.Yvonne Brath-
waite Burke, recently appointed to the Fourth Supervisorial District
to replace James A. Hayes, who resigned, wishes to meet briefly with
the Council and had requested that a two hour breakfast or luncheon
be scheduled.
Members of the Council agreed that they wished to meet -at Super-
visor Burke's convenience, and indicated that an early morning meeting
would be preferable, on Monday, if possible.
Councilman Heinsheimer suggested that a letter be written to
Supervisor Burke, urging her to consider retaining Mr. Bob McCaman as
field deputy. The Council concurred with the recommendation and Mayor
Swanson asked that the letter be prepared for her signature.
GATE SECURITY SYSTEM 1626
The Manager reported that the proposed gate security system was
discussed by the Board of Directors at their last meeting, and was
approved in concept. Councilman Rose said it would be virtually im-
possible to turn non-residents back from the Eastfield or Crest Gates.,
and he suggested that a procedure be considered which would require
that.all non-residents enter the City through the. Main Gate only, and
that residents be admitted through any of the three gates. The Manager
was requested to investigate additional systems and report to the Council.
-7-
246
June 25, 1979
NEW DRAPERIES FOR ADMINISTRATION BUILDING 1770
The Manager said new draperies and carpet for the Administration
Building were included in the preliminary 1979/80 Budget. Mrs. Clifton
advised the Council that she had received an estimate of $1,457.50 for
the draperies.
Councilman Rose moved that the Manager be authorized to order the
draperies, at a cost not to exceed $1,500. The motion was seconded by
Mayor Swanson and carried by the following roll call vote:
AYES: Councilmen Crocker, Heinsheimer, Pernell, Rose
Mayor Swanson
NOES: None
ABSENT: None
ADJOURNMENT 1788
Mayor Swanson adjourned the meeting at 10:35 P.M.
APPROVED:
Mayor
am
Cit�Y;6