6/14/1982196
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
June 14, 1982
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,
June 14, 1982.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Mayor Pernell
ABSENT: Councilwoman Swanson
ALSO PRESENT:
APPROVAL OF MINUTES
Teena.Clifton
Michael Jenkins
Ronald Smith
June Cunningham
William.Strausz
Mrs. C.. Boyd
Roy Campbell
Chris Papajohn
Joe Stich
Mrs. C. Boyd
Mr . & Mrs. J. Brogdon
Dr. Martin Goldberg
Dr. Richard Hoffman
Tor. & Mrs. B. Levine
Ron Maciej
Lisa Maciej
.Mrs. B.: Raine
Becky Raine
France Raine Jr.
Dr. Charles Turner
Mrs. M. Wagner
Keith. Slingsby
City Manager
City Attorney
Deputy City Clerk
Attorney
Rolling Hills
Contractor
Observer
Residents
Women's Club
The minutes of the meeting of May 24, 1982 were approved and
accepted as. -.presented on a -emotion made by Councilwoman Leeuwenburgh,
seconded by Councilwoman Murdock and -carr -1- u uy- tiic follvwiirg . ro-11
call vote:
AYES: Councilrriembers Heinsheimer, Leeuu enburgh, Murdock
Mayor.Pernell
NOES: None
ABSENT: Councilwoman Swanson
PAYMENT OF BILLS
Councilwoman Murdock moved that Demands No. 10425 through 10438,
10440 through 104523. 10454 through 10465 and 10467 through .10476 in
the amount of $322,103.04 be approved for payment from the General Fund
that Demand No. 10453 in the amount of $3,000 be paid from the Fire and
Flood Self -Insurance Fund, and that Demands No. 10439, 10466 and 10473
be voided. The motion was seconded by Councilwoman Leeuwenburgh and
carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Mayor Pernell
NOES: None
ABSENT: Councilwoman Swanson
June 14, 1982.. 197
DR. CHARLES TURNER, 4 PINE TREE LANE, DAMAGE TO.DRIVEWAY
In a letter dated May 291,-1982 Dr. Charles Turner, 4 Pine Tree
Lane, advised the -Council that the grading being done on.the Martin
Goldberg property adjacent to his has created buckling and cracking
of the driveway leading to his home. Dr: Turner appeared before the
Council and explained that when his driveway was constructed thirty
years ago it was built on non -compacted soil, and eventually a -re-
taining wall was constructed on the lower side of the driveway to
.give it stability.on the. north side. A large amount of compacted
dirt has been placed on the south side of the driveway and is causing
the driveway to crack and buckle, he said; and further,large.amounts of
the dirt .is in the easement. Dr. Turner said he wished to have his
statements a, -matter of record,since he is concerned about continuing
damage to the driveway as a result of construction on the adjoining
property. Dr. Turner said that if the Council does not have an ob-
jection he would be willing to.work with Roy Campbell, the contractor
who is building the Goldberg home, and have.a retaining wall built on
the south side of the driveway, with Dr. Turner paying one half of the
cost. Mayor Pernell said the solution is a private matter between Dr..
00 Turner and Dr.. Goldberg and his contractor, but he said the City Mana-
O ger could be consulted and would work with them on the matter.;
INTRODUCTION OF NEW CITY MANAGER 280
m
m Mayor Pernell reported,.that °after Teena Clifton, ' the City. • .4s.nager,
Q advised the Council in.December,.1982 of her intention to retire at
the end of the fiscal year applications for the position were -accepted.,
and he and Councilwoman Murdock as members of the Selection Committee
interviewed several candidates.. The Mayor said_117 applications were
received. During the course of the review of applications two more
members of the Council and a member of the Board of Directors joined
in the selection process.
Mayor Pernell introduced Ronald Smith and moved that the Council
accept the: -recommendation of the.Selection Committee that Mr. Smith be
hired for the position of City.Manager, effective July 1, 1982. The
motion was seconded by Councilman Heinsheimer and carried by the fol-
lowing roll call voter
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Mayor Pernell
NOES: None
ABSENT: Councilwoman Swanson
APPEAL FROM DECISION OF CITY MANAGER'S FINDINGS RE: DOG ATTACK 325
Mayor Pernell opened the hearing of an appeal filed by Ronald
Maciej, 3 Middleridge Lane South and Bill and Teri Levine, 1 Middle -
ridge Lane South regarding the findings of the City Manager relative
to complaints filed by Mrs. Maciej and Mrs.: Levine following an. attack
on the Levine's dog by a. dog owned by Keith Slingsby, 35 Saddleback
Road. After discussing the matter with Mrs. Maciej, Mrs. Levine and
Mr. Slingsby, the Manager found that the Levine dog entered the
Slingsby property and was.attacked by a dog which had been taught to
protect the property, and it was her recommendation that no action be
taken to permanently confine the Slingsby dog, under provisions of
Ordinance No. 136.
Mr. Maciej advised the Council that he wished to appeal the
decision which was made by a person who did not witness the attack,
stating that the attack occurred in the road and on the trail, and
not on the Slingsby property, as stated in the Manager's findings.
Mr. Maciej said his daughter, who was riding her horse, was the only
witness to the attack. He said it is his opinion that people should
be able to ride without fearing attacks on dogs or horses by a dog
which is believed to be vicious, and he asked that the dog be confined.
Mr. Levine said he also questioned the findings based on state-
ments made by a non -witness to the attack, rather than a witness. He
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June 14, 1982
said, further, that the dog has a history of attacking
stating that he visited Jerry Sass, 46 Saddleback Road,.
and Mr. Sass said he would be willing to appear before
if requested to do so, and verify that Mr.: Slingsby's d
his dog. Mr. Levine said he objects to findings based
made by Mr. Slingsby, who did not witness the attack, r
the account by Lisa Maciej, who was present.
other dogs,
at his home
the Council
og had attacked
on statements
ather than on
Mayor Pernell asked whether the Manager knew of any other at-
tacks by the Slingsby dog. Mrs. Clifton said she did not recall any
such report, and a search of the records failed to indicate that any
written report was ever made concerning an attack by Mr. Slingsby's
dog. The Manager said she feels there could be a:problem of identi-
fication, since Mr. Slingsby owns three large dogs, two of which are
shepherds. Mrs. Clifton said dogs with horseback riders create a
problem, especially at the ring, where there are numerous dogfights,
and she said dogs are prohibited in certain public areas, including
the City offices, the tennis courts and riding rings.
Councilwoman Murdock said the report indicates that there were
three dogs with Lisa Maciej, and only one dog was involved. Mayor
Pernell asked Lisa Maciej to describe what happened. She said she
was riding and was entering the horse trail when Mr. Slingsby's dog
attacked suddenly and without warning, picking up the small dog and
shaking it. She said the small dog broke free and ran, with the
shepherd chasing it, and two men who were working on the Slingsby
property chased the dogs. Lisa said she had three dogs.with her and
all of the dogs were within ten feet of her at all times. She said
the attack occurred at about 1:30 P.M.
Mr. Slingsby said two construction workers were working on a
tennis court being built on his property and two shepherds owned by.
him were close by, on the property. They reported that there were.,
three dogs with Lisa, one.small dog and two dobermans, and Mr.. Sling-
sby said he does not know whether it was intimidation by the dober-
mans, but the workers reported that his shepherd attacked the small
dog. Mr. Slingsby said he offered to pay one half of the vet's bill
but Mr. Levine refused the offer, since he wants the dog confined.
Mr. Slingsby said he has received a letter from Mr.. Levine's attorney
and he has responded, advising the attorney of his offer to pay 50%
of the vet's bill. He said the issue is over restraint of the dog,_
and he has been restraining the dog as a precaution, on an appropri-
ate harness and line, giving him ample room to run on his property.,
which exceeds five acres. Mr. Slingsby said his property is normally
fenced, but 30 - 40 feet of fencing have been removed during the con-
struction of the tennis court for delivery of material. Mr. Slingsby
said the two construction workers are present at the meeting, and can
answer any questions, since they witnessed the attack.
In response to questions by the Mayor, the City Attorney advised
that the Council hear all evidence. Joe Stich advised the Council
that he has been working on the Slingsby property for three months,
and he stated that the attack did not take place on the horse trail,
but occurred on Mr. Slingsby's property approaching the.trail. Mr.
Stich said the trail runs along side the property and riders use it
every day; he said he has not observed people riding uphill across
the trail. He said the attack took place at approximately one o'clock
in the afternoon and involved three dogs with a rider.who was riding
north to the trail in front of the fence on the Slingsby property in
an area also screened by bushes. He said he and his assistant chased
the dogs downhill in an effort to separate them. Mayor Pernell asked
Mr. Stich if he actually saw the attack, and he said he did, and he
said the dogs were walking with the horse outside of'the fence and
near the road, which runs perpendicular to the.trail, and they were
going down to the trail when the attack took place. Mr. Stich showed
the location on the aerial view of the City in the Council chambers,
and he said the attack took place on Mr. Slingsby's property. Chris
Papajohn,said he was' also working on the property and he agreed with
Mr. Stich's description. He said he was working on the northeast
corner of the tennis court when the horse and dogs appeared, going
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June 14, 1982
199
from south to north on the west side of the road. He.said he heard
the dogs barking and.fighting and he ran to separate them; when he
got to -them Arrow, the shepherd, had the small dog in his mouth. .The
small dog got loose and he chased the shepherd, and caught him on the
trail. He described.the shepherd as a friendly dog, well trained, and
he said he felt the attack occurred because the other dogs were in
Arrow's territory.
Lisa Maciej said she wished to rebut the testimony, and she said
there was no fight, the large dog charged and picked up°the small dog
without giving it*'a chance to fight back. She said the shepherd came
from the bushes and its head.was close -to the ground, so she knew it
was going.to attack.. Lisa said she jumped from her horse, which then
walked into the street; she said the attack occurred on the trail.
Mr. Stich and Mr. Papajohn said the attack occurred outside of -the-
fence near the road, not on the trail..
Mr. Levine said Mr.. Sass made.it clear that three of his dogs
were attacked on his property by Mr. Slingsby's dog., and Mr. Levine .
said it is clear to him that the dog was not guarding his property.
Co Mr. Slingsby asked Mr. Levine whether this was the first attack.on his
O dog; Mr. Levine said he was talking about other things and would an-
swer only if it was pertinent. Mr. Slingsby said he understood that
there was a previous attack by.other dogs when his dog was out with
m horses. Mrs. Levine said her dog has been attacked on his property
by other dogs which came to the property., but not when he was with a
Q horse.
Mayor Pernell asked the City Attorney to advise the Council
with regard to considering evidence which was presented referring
to a party who is not present at the meeting. The Manager said Mr'.
Sass has not contacted her about any attack on his dogs. Mr. Jenkins_
said the Council is not governed by the rule's which.govern a court,
but he said evidentiary guidelines should be observed in the interest
of fairness and due process. He said the question of whether there
was another attack prior to the one reported pertains only to the type
of punishment afforded under the ordinance. Mr. Jenkins sad --.the Code
provides that upon consideration of the evidence the Council shall,
within ten days, take an action, either upholding the decision of the
City Manager or reversing it.
Councilman Heinsheimer moved that the Council uphold the City.
Manager's decision in Complaint #24, Dog Attacks Animal.. Mayor*.
Pernell seconded .the motion for purposes of discussion.. Councilwomen
Murdock and Leeuwenburgh.said they felt there is a problem in.deter-
mining where the attack -occurred., since testimony differs on that
point. The motion failed to carry on the following roll call vote:
AYES: Councilman Heinsheimer, Mayor Pernell
NOES: Councilwomen Leeuwenburgh, Murdock
ABSENT: Councilwoman Swanson
Councilwoman Murdock moved that the appeal be upheld and that
the dog be confined. The motion was seconded by Councilwoman Leeu-
wenburgh and failed to carry on the following roll call vote:
AYES: Councilwomen Leeuwenburgh and Murdock
NOES: Councilman Heinsheimer, Mayor Pernell
ABSENT: Councilwoman Swanson
The City Attorney stated that the findings of the City Manager
stand, since there was no action by the Council to overturn the appeal.
LOW PRESSURE SEWER SYSTEM DISTRICT FORMATION PROCEDURE
m
Mr. Jenkins introduced Mr. William Strausz, a member of the law
firm of Richards, Watson, Dreyfuss and.Gershon, and he advised the
Council that Mr. Strausz specializes in redevelopment law_, and special
Im
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June 14, 1982
district law as a member of the firm's Municipal Law Department and is
present to address the Council on formation -of a sewer district pursuant
to a discusson at a previous meeting about installation of a low pres.
sure sewer system.
Mr. Strausz said an assessment district is created within bound-
aries which are drawn around the properties which will benefit from
the proposed improvement, explaining that if certain sewer improve-
ments were to be constructed within a certain portion of the City, or
in the entire City, the cost of the construction of the improvements
would be borne by the properties which the improvements benefitted.
Mayor Pernell said the Council has authorized an expenditure of
$6,000 for a sewer.study, and he asked Dr...Richard Hoffman, 73 Portu-
guese Bend Road, when the study:will be completed. Dr. Hoffman said
it should be ready in about one week. Mr. Strausz said the costs of
the sewer ,assessment district would have to include the construction
costs, cost to the City for preparation of engineering plans, diagrams,
attorney fees, underwriters discount on bonds issued to finance the
construction, with costs spread over the properties on the basis of
the benefit enjoyed by each property. He said there is no set law.
for determining the benefit; it is an individual matter for each
property, based on the individual benefit to that property. To form
a district Mr. Strausz said the City Council would adopt a resolution
stating their intention.to form the district, would then call for an
engineering.report to be made by a firm experienced in the cost of
the improvement, as well as the method of spreading the cost over the
benefitting properties based on the benefit to individual parcels..
After the report is presented to the Council, the Council would then
set a hearing on the matter, which requires publication, posting and
mailing of notice describing the proposed assessment, and giving.the
time date and place of public hearing. At the hearing the owners
living within the proposed assessment area will have an opportunity _
to protest the formation of the district or the amount of assessment
if they wish to do so. If there is a majority protest., meaning a
majority of the landowners in -.',area within the proposed district, a
4/5 majority of the City Council could overrule the protest if the
Council wished to proceed with formation of a district and levy of
the cost of providing the improvement, in this case a sewer district.
After the hearing is closed the Council can order the work to be done,
and Mr. Strausz said it is adviseable to have bids for the cost of the
work submitted prior to the hearing so there is a fair amount of cer-.
tainty of the cost and the amount of assessment to each owner. At
any time after the hearing the Council can confirm the amount of the
assessment and order its levy and collection., and after that .is done
the homeowner has 30 days within which to pay the assessment.. If the
homeowner chooses not to pay .the assessment, a municipal bond can be.
issued, secured by the assessments levied and collected against .the
individual property. Mr. Strausz said the interest rate on such bonds
cannot exceed 12% and it was his opinion that it would be adviseable
to let the. bond issue because of the interest advantage on municipal
bonds. Mr. Strausz said he presentation was based on the assumption
that the Council would proceed with formation_of a district pursuant
to the Municipal Improvement Act of 1913,. and also presumes that bonds
would be issued in accordance with the Improvement Act of 1911, which
is the most desireable formation procedure available to the Council
at this time, since it keeps the construction bid down. Mr. Strausz
caid he could provide.the sequence and the advantages in writing for
the Council, describing the differences between several Acts.
Mayor Pernell asked about the timing, since the study has been
authorized, but no resolution of intent has been adopted. Mr.
Strausz said that if the homeowners within the proposed district are
generally in agreement with the proposal to form an assessment dis-
trict, a report called a "debt limit" report can be waived, since
the report requires additional time and results in an additional ex-
pense which is borne by property owner. He said that could be done.
at the very beginning, and the usual proceedure is for 60% of the
owners of area to petition the Council to form the assessment district
and waive the report. If the debt limit report is not waived and the
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June 14, 1982
201
proceedings are initiated by the City Council the debt limit report
must be prepared and an extra hearing must be held. If there -is a
protest by a majority of the owners of the land, in addition to a
vote to proceed by 4/5 of the Council, there is a requirement for a.
finding that the improvements are necessary to make the area habit-
able, and that finding is typically based on a certificate by the.
County Health Officer that sewers are necessary since septic tanks
are no longer feasible for the area.. A petition from 607o of the
residents and waiving of the debt limit report would mean that the
resolution of intent could be adopted and when the engineering report
is completed notice could be published for a hearing in approximately
30 days, since the law requires that the notice be published 20 days
before the hearing of protests.
.Mr. Jenkins asked Mr. Strausz to explain the difference between
the engineering report for which $6,0.00 was allocated and the engineer's
report required to establish a district. Mr. Strausz said the engin
eer's report he talked about would set forth the construction cost,
and would also call for a diagram of the proposed assessment district.,
outline each parcel of property in the district and also.would set
00 forth each individual assessment.by estimating the construction cost
O and break it down parcel by parcel. according to the..benefit to the
parcel. He said.the.$6,000 allocated by the Council was for an engin-
eering feasibility study. The assessment would be confirmed at the
m hearing., and notices could be sent out the following day; the property
co owners would then have thirty days within which to pay..the assessment
C( and following.that time bonds would be issued.. Sometime prior to that
time the City Council would receive construction bids which would firm
up the engineer's estimate.,. and at the hearing the various assessments
can be revised according to the differences.between the engineer's
estimate and the actual construction bid, he said, and after confirm-
ation the.assessment would be -recorded.- Mr. Strausz said bonds would
be issued approximately 40 days later and a construction contract could
be entered into with the contractor and the improvements would be under
way.
Jim Brogdon, 5 Maverick Lane, asked whether the proposed district
will be limited to the slide area only, or whether.it would include a
larger portion of the City; also he asked whether only the people in
the district would-be paying for the improvement; or whether the cost
would be shared by all residents of.Rolling Hills. Mr: Jenkins said
that it is the intent to start with only residents in the slide area,
with a possibility.that it will be expanded at some future time. Dr.
Hoffman said the term "slide area".is.a loose one, since there are.
only four residences in the active slide are, with many more in the
moratorium area, and there are twelve families outside.of.the mora-
torium area who have contributed funds to the feasibility study and -
would want to be included in a sewer district.. Mayor,Pernell said
the Council is considering the Flying.Triangle area; Dr. Hoffman said
that extends up.to Crest Road. Dr. Pernell said the actual area,of
the district is something.that would be addressed in the engineering
report. Councilman Heinsheimer said Mr. Strausz is addressing the
over all.procedure, without speaking to any particular area of Rolling
Hills. Mr. Jenkins said the:only people who pay will be those within
a district, and.whose properties will be benefitted. He said Lir.
Strausz will monitor the procedures if a district is formed. Mayor
Pernell thanked Mr.. Strausz for his presentation to the Council.
Dr. Hoffman advised the Council that residents of the'Flying
Triangle met recently to discuss formation of a sewer district, and
money was contributed for an investigation of the feasibility of a
sewer system by 27 families in the Flying Triangle, with residents
of properties above the slide area, reaching to Crest Road, partici-
pating. Representatives of Lowry and Associates made field studies
and proposed the feasibility study, which would also provide cost esti-
mates. Dr. Hoffman said they recommended a low pressure sewer system.as
most appropriate for the area, and gave. an estimate of costof less than
$5,000 per home to put the system into effect, including plans,.and
studies. and could be installed before the end of -the year. Mayor
Pernell said that if the estimate of less than $5,000 per home is ac-
curate, it may not be necessary to form a district, and he asked Dr.
Hoffman to discuss the matter with Mr. Ron Smith when he becomes City
Manager because of Mr. Smith's previous experience with landslides.
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June.14, 1982
MR. & MRS. JAMES EVANS, 62 PORTUGUESE BEND ROAD 1280
The City Manager presented a letter dated February 193. 1982 which
was received with a postmark indicating that it was mailed on April 16.
Mrs. Clifton said she discussed the letter with Mrs. Evans and was ad-
vised that after the letter was written it was not mailed and was
found by Mrs. Evans in her car in April, and mailed at that time. In
the letter Mr. and Mrs. Evans asked that their property be returned to
the original condition that existed before the property was disturbed
to dig trenches for observation of the landslide. Mrs.. Clifton said
it would not be --possible to restore the property as requested., and she
explained that Mr. and Mrs. Evans had given permission for entry onto
their property, which was hydro seeded.after the work was done. She
said all work was done under the direction of the Los Angeles County
Engineering Geologists,,and at their recommendation back filling was
done, and shoring was left in the canyon. Mrs. Clifton said she does
not agree with a statement in the letter that land where Mr. and Mrs.
Evans planned to build a gazebo is now down at the bottom of the canyon.
Mayor Pernell ordered the matter held.on.the agenda and he asked
the Manager to advise the Council whether anything can be done which
has not been done to restore the property; if everything possible has
been done he asked the Manager to so advise the'Council so the City
Attorney can write to Mr. and Mrs. Evans and advise them.
With regard to the swimming pool'on the Evans property, the City
Manager advised that in a letter dated June 11, 1982 the County Engineer
reported that the pool was constructed with special design specifications
using an increased thickness of wall at natural ground level with heavier
vertical steel bars above the natural ground.' Mrs. Clifton said the -
special design was for the above ground wall which supports the pool.
The Manager said the Council had previously asked Mr.. Bob Thomas,
County Geologist, to monitor the pool and report to the Council any sign
of cracking; there has been no evidence of cracking at this time.
With regard to the seepage pit and cesspool, Mrs. Clifton said
there is a difference of opinion between.the geologists about whether
the seepage pit should be used, with. Dr. Ehlig stating that there is
a fracture and it -should not be used. Mr. Keene has advised the Man-
ager that there appears to be a bend in the pipe at 26 feet below the
.surface, but has not stated that it should not be used. Mrs. Clifton
said it is'evident that no.water or effluent has ever been introduced
into the cesspool because of an offset in the line from the septic
tank, and everything has gone into the ground. Mayor Pernell said the
Manager has been authorized to abate the nuisance, and he asked that
she proceed within the next day to have the nuisance abated.by order-
ing that the septic tank be sealed,;with nothing going beyond the tank
to the seepage pit or cesspool.
ANTON WEBER, 53 PORTUGUESE BEND ROAD 1390
In a letter dated May 25, 1982 Anton Weber advised the Council
that on May 24, 1982 an above ground storage tank was installed on
his property at 53 Portuguese Bend Road, and he asked that permission
be given for planting of oleanders around the tank to screen it, be-
cause planting and growing would require some. watering. Mrs. Clifton
said she has had several calls from residents in the Flying Triangle
complaining about the high visibility of the tank.
Mayor Pernell asked the Manager to thank Mr. Weber for his
cooperation, and work with him on appropriate screening.
25TH ANNIVERSARY, 4TH OF JULY CELEBRATION 1407
Councilwoman Leeuwenburgh and the City Manager reported that
plans are developing for the celebration, and properties and equip-
ment including popcorn machine, ice cream machine, portable toilets
and .public address system have been ordered.
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June 14, 1982
LA CRESTA SCHOOL SITE COMMITTEE ' 1430
205
. The City Attorney reported that he is working on an amendment
to the Zoning Ordinance, working with the building regulations of
the Rolling Hills Community Association, to be applied.to development
of the La Cresta School site if the property is sold by the School
District.
Mayor Pernell said he wished to appoint a committee consisting
of a member of the City Council, a former Council member and Mayor,
a former member of the Board of Directors of the Community Association
and former member of the Planning Commission, and a present member of
the Board -of Directors. He said he has discussed the matter with the
President of the School Board and other members of the Board, and has
been assured of their cooperation. Mayor Pernell asked that the fal-
lowing persons be approved for appointment to the School Site Committee:
Councilwoman Jody Murdock, Chair; former.Council member.Don Crocker,_
Mrs. Joan Saffo, former Board and Planning Commission member, and Mrs.
Betty Hesse, member of the Board of Directors. The Committee was-
approved.unanimously:by the Council. Mr.. Jenkins was directed to
continue with the draft of the ordinance as a guideline to the
Committee, and the City Manager was named an.ex-officio member of the
committee.
CLAIM AGAINST THE CITY OF ROLLING HILLS 1490.
The City Attorney reported that a claim has been filed against:
the 'City by Advanced Electronics and has been referred to the City's
insurance carrier. Mr. Jenkins suggested that the matter be held for
a response from the carrier and.the Mayor so ordered.
VOTE BY MAJORITY 1499
Councilman Heinsheimer said he was not present at the last meeting
when the City Attorney advised'the Council on the number of votes re-
.quired fora decision. Mr. Jenkins said'that if three members of the
Council ate present; two votes are decisive., but he said the Council
should follow their established procedure.. Mayor Pernel.l. said the
Council was advised previously.that a majority of the members of the
Council were necessary for a vote; Councilman Heinsheimer concurreds
and he said that the usual practice was to defer a vote on -.::major
issues until all members of the Council were present. The City Attorney
said the Council should not deviate from established practice,.but as
a legal matter, two members of three present can take an action on all.
items except those which require three affirmative votes by statute,
such as passage of an ordinance or passage of a resolution for expendi-
ture of money.
PUNITIVE ACTION FOR CONSTRUCTION BUILT WITHOUT PERMIT 1545
A request by the Planning Commission that punitive action be
taken against.both the property owner and the contractor when there
is construction without permit and violations are prepetrated con-
trary to the.Zoning Ordinance of the City without a Conditional Use
Permit or Variance was discussed by the Council.
Mr. Jenkins said that at present the penalty under the Building
Code is double the regular fees; a number of cities have quadrupled
the fee as a penalty for violations concerning building and grading
permits. He said Conditional Use Permits and Variances wouldbe
separate, since they are under the Zoning Ordinance rather than the
Building Code. Councilwoman Murdock said that.the penalty can be
applied only to persons who have had previous experience coming be-
fore a body and is knowledgeable about the procedures; she said this
would include the contractor for a.property owner.
Councilman Heinsheimer suggested that the contractors be notified
by staff that the penalties will be enforced, and that in the matter
of construction done by William Stromberg on the Gerald Webber property
a letter be written to the State Contractor Licensing Board. The mat-
ter was referred to Mr. Smith for review and a recommendation to the
Council.
IE.*z
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June 14, 1982
RECOMMENDATION BY DR. PERRY EHLIG RE: DRYING OUT CANYON 1640
The City Attorney reported that Dr. Perry Ehlig, consultant to
the City in the matter of the landslide, has advised the Council in
a letter of his recommendation that certain steps be taken to dry
out the landslide -during the dry season, in an effort to stop or
slow down the slide. Mr. Jenkins said Dr. Ehlig recommended certain
specific measures that, when taken, he predicts will have the.effect
of drying out the canyon, based on his expertise. Dr. Ehlig has also
made recommendations for specific properties. and Mr. Jenkins said the
Council should make a determination about how to proceed on Dr. Ehlig's
recommendations.
Councilman Heinsheimer said it was his opinion that a letter _
should be sent to the owners of the specific properties defined by
Dr. Ehlig, advising them of. Dr. Ehlig's recommendations, and asking
for their cooperation during the,appropriate.dry season.. In the
event the owners do not wish.to comply with the recommendations.
Councilman Heinsheimer said the City Council should schedule a public
hearing in the matter. Mayor Pernell said he thought that any.letter
to the residents should be coordinated with the Flying Triangle Com-
mittee that is working on the sewer investigation, and he asked the
City Manager to have a letter drafted.
LIABILITY INSURANCE 1700
A letter dated .June 102 1982 from Cal-Surance, enclosing inform-
ation provided to.Mike Bush., Account Executive on June.9 was presented
to the Gouncil. Mayor Pernell asked Councilwoman Murdock,• who is the
Council's representative to the_Board of Directors to meet with'a liai-
son member of the Board to resolve the matter.'.
LEASE BETWEEN CITY OF ROLLING HILLS AND COMMUNITY ASSOCIATION 1.705
The Mayor asked Councilwoman Murdock to work with the Community
Association on the lease. Councilwoman Murdock said it is her under-
standing that the Board wishes to discuss the lease with the Council
at a joint meeting. -
JOINT MEETING - CITY COUNCIL.AND BOARD OF DIRECTORS
Mayor Pernell announced that at the invitation of the Council the
Board has agreed to participate in a joint meeting of the Board and
Council at 7:00 P.M. Tuesday,,June 29, 1982 to discuss matters of
interest to both bodies.
PUBLIC -NUISANCE, K. TABATABAY PROPERTY, 5 CREST ROAD.WEST 1708 -
Mrs. Clifton reported that work is being done on the Tabatabay
property at 5 Crest Road West, but it is her opinion that the program
is progressing too slowly for there to be any appreciable improvement.
She said she will take PZr.. Smith to the site to see the situation so
that he can continue to monitor it.
LOS ANGELES COUNTY FIRE DEPARTMENT RE: FIREWORKS 1720
In a letter dated June 8 Los Angeles County Fire Chief Clyde
Bragdon addressed the problems caused by fireworks and asked that
the.City cooperate in the Fire Department's efforts to reduce the
injuries and property losses caused by fireworks. Mrs. Clifton said
a special Newsletter will be put out, advising that fireworks are
illegal in Rolling Hills.
APPOINTMENT OF PLANNING COMMISSIONER 1766
The meeting was recessed to a Personnel Session at 10:15 P.M.
for consideration of applications for the position of member of the
Planning Commission. The meeting was reconvened at 10:20 P.M. and
Councilwoman Murdock moved that Clifford Bundy be appointed to the
Planning Commission for two years.. The motion was seconded by Coun-
cilman Heinsheimer and carried by the following roll call vote:
June 14, 1982
AYES: Councilmembers Heinsheimer,,Murdock „ Mayor Pernell
NOES: Councilwoman Leeuwenburgh
ABSENT: " Councilwoman Swanson
TRAFFIC COMMISSION APPOINTMENT 1783
Councilwoman Leeuwenburgh reported that Councilwoman Swanson had
asked her to assume membership on the Traffic Commission as Council
liaison, and there are now two vacancies on the Commission,, since Mr.
Bundy has been appointed to the Planning Commission. Councilwoman
Leeuwenburgh said she knows both of the applicants for the Traffic
Commission, and she said she wished also to contact the applicants .
for the Planning Commission and ask them whether they wish to be
considered for the Traffic Commission. Mayor Pernell held the matter
on the agenda for a report by Councilwoman Leeuwenburgh at the next
meeting.
WOMEN'S CLUB FUND RAISER - SOCIAL EVENT 1797 -
Councilwoman Leeuwenburgh reported that all members of .the City.
Council have been invited, with their _spouses, to attend the five
o'clockcocktail party before the Women's Club party on June 19 to
meet new residents,.and the invitation will also be extended to Mr.
Smith.
L.A. COUNTY FIRE DEPT. LETTER RE : VACANT PROPERTY AT 3 APPALOOSA LA., 1806
In a.letter dated June 103, 1982 Fire Chief.Ray Brunstrom advised
that an inspection'of the Dongguy Jin property located at 3 Appaloosa
Lane was conducted on June, 8, 1982 by personnel of Fire Station No. 56
and it was noted that a large accumulation of dry brush and trees have
been bulldozed along Appaloosa.Lane and into the canyon,. resulting in
a fire hazard due to.the excessive amount of fuel in close proximity
to the.access road to.#2 and #4 Appaloosa.Lane. Chief .Brunstrom said
the topography of the canyon, the heavy natural fuel load and limited
access all contribute to the seriousness of the problem and he recom-
mended that the fire code and.city ordinances pertaining to illegal
dumping and accumulating of combustible waste material be enforced
as soon as possible.
Mrs. Clifton said:she has discussed the matter with Mr: Jin and
he said he hired people to do.the 'grading with the understanding that
the required permits would be obtained. The Mayor asked Mr. Smith to
place the matter on the agenda for the joint meeting of the Council
and Board.
ZONING CASE NO. 276, DONALD RYAN, 7 QUAIL RIDGE ROAD SOUTH
Information from the Planning Commission reporting approval of
a request.for a Variance of Front and Side Yard Setback Requirements
for a residence addition and .a new garage on Lot 15B -CH, Mr. and Mrs.
Donald Ryan, 7 Quail.Ridge Road South at an adjourned meeting of the
Planning Commission on June 2, 1982 was received for the file.
ADJOURNMENT 1848
There being no further business to come before the Council, Mayor
Pernell adjourned the meeting at 10:25 P.M.
APPF
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City Clerk