6/28/1982•MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
June 28, 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 281 1982.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
Councilman Heinsheimer (Arrived at 7:40 P.M.)
Teena Clifton
Michael Jenkins
Ronald Smith
June Cunningham
Randy Woods
John Clifton..
Mr..& Mrs. Wm. Hines
Mrs. Joan Saffo
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City Manager
City Attorney
Deputy City Clerk
Palos Verdes News
Residents
The minutes of the meeting.of June 14, 1982 were approved and
accepted as presented on a motion made.by Councilwoman Leeuwenburgh,
seconded by Councilwoman Murdock and carried by the following roll
call vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Pernell
NOES: None
ABSENT: Councilman Heinsheimer
ABSTAINED: Councilwoman Swanson
FINANCIAL STATEMENT 39
The Financial Statement for May 1982 was approved and accepted
as presented on a motion made by Councilwoman Swanson, seconded by
Councilwoman Murdock and carried by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
NOES: None
ABSENT: Councilman Heinsheimer
PAYMENT OF BILLS 50
Councilwoman Murdock moved that Demands No. 10477 through 10502
and 10504 through 10510 be approved for payment from the General Fund
in the amount of $15,727.00. The motion was seconded by Councilwoman
Leeuwenburgh and carried by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
NOES: None
ABSENT: Councilman Heinsheimer
207
June 281, 1982
LOW PRESSURE SEWER SYSTEM 108
Mrs. Clifton reported that copies of the report on a Low Pressure
Sewer System for the Flying.Triangle area, which was prepared by Lowry
.and Associates, was distributed to members of the Council, and a copy.
was sent to Walter.Garrison., Chief Engineer of the County Sanitation
District. Mr. Garrison has advised that the report was.assigned to a
member of his staff for review, and a report should be..ready in 2 to 3
days.
In discussing the•r.eport Councilwoman.Swanson said she wished to
have information on.the comparative cost of'a gravity flow system,
stating that the entire study addressed a low pressure system,,with
no reference to other systems. Mayor Pernell said the report does
not give any options, and he.has some questions about cost projections
in the report. The report was held on the agenda for evaluation by
the Sanitation District.. .staff.
RESTORATION OF PROPERTY, JAMES EVANS, 62 PORTUGUESE BEND ROAD 170
00 In.a memorandum to the Council dated June 233, 1982 the City
0 Manager advised the Council of steps which were taken to restore
the canyon and property owned by Mr. and Mrs. James Evans,62 Portu-
m guese Bend Road. Mrs. Clifton said the canyon was trenched under
m the direction of the County Geologists and Dr.. Perry Ehlig to obtain
Q information for their evaluation -of the. landslide- and efforts have
been made to restore the area, including hydro-seeding....-r2rs.. Clifton
said it is her opinion that everything possible has been done to re
store the property. The City Attorney said if it can:.be determined
that a reasonable.effort has been made to return the property to its
original state the City has no further obligation. The.Manager said
it is impossible to restore it completely, since the canyon has been
undercut, and some sloughing will continue to occur. Mr. Ron Smith..
advised the Council.that he has looked at the site of the trenching
at the side of the canyon, and it has been restored to the extent that
can normally be expected. Mrs. Clifton said she has advised Mr.. and
.Mrs. Evans in a letter dated June 28.
ABATEMENT OF PUBLIC NUISANCE, SEEPAGE PIT AND SWIMMING POOL 265
The Manager advised the Council that letters were written to.
Mr. and Mrs. Evans about the seepage pit and swimming pool on their
property which were previously found by the Council to constitute'a
public nuisance. In a letter dated June.18 Mrs. Clifton advised them
that the Council had determined on June 14 that the cesspool on their_
property cannot be used as part of the.sewage disposal system,. since
it is evident that the connection between the septic tank and cesspool
has failed and all effluent from.the property is entering the ground..
She advised, further that any cesspool, once abandoned,'is required
to be filled with sand, and the septic tank, if:sealed at the end.,
could be used as a holding facility, providing that the connection
between the septic tank and cesspool be permanently sealed..
In a letter dated June 28 Mrs. Clifton advised Mr. and Mrs.
Evans that the County Engineering Geology Section would continue to
monitor the swimming pool.for any indication of cracking or other
geologic.problems, and that it would not.be necessary to drain the
poolat the present time. The Council asked Mr. Ron Smith to keep
them informed on the matter...
Mr. Smith said he talked to Bob Thomas about filling the cess
pool with sand, and was advised:that it would be difficult and may
have to be done with pressure, because of the depth of the standpipe,
which is only five inches in diameter. Mayor Pernell said he con-
siders the first priority keeping water out of the slide plane. Mr.
Smith agreed, and said it is his intent to treat the entire problem,
rather than individual properties, approaching it as a long range
problem.
OPEN AGENDA 340
Mayor Pernell said it was time for items which are not on the
agenda, and asked if anyone wished to address the Council.
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June 28,. 1982
N. J. HINES, 75 EASTFIELD DRIVE, MOVIE ABOUT ROLLING HILLS
Mr. W. J. Hines advised the Council that he is making a movie
about Rolling Hills, attempting to depict the unique aspects of the
community, using early photographs, comments from the public and
private branches of the government, and scenes from community organ-
izations. The Mayor said Mr. Hines had made arrangements to shoot
footage of the last meeting at which Teena Clifton would preside as
City Manager, and Mr. Hines explained the scene he planned. 11r.
Hines then proceeded to take pictures of a roll call vote of the
Council.
LIABILITY 'INSURANCE 435
Mayor Pernell asked Councilwoman Murdock to report to the.Council
on the.matter of liability insurance, which she has been working on
with Mrs. Clifton, Mr. Smith and the City's insurance carrier in an
effort to incorporate the City and Association under a joint policy
as they previously were.. A breakdown of costs for the'prese.nt cover
age under separate policies and the projected cost under combined
policies was distributed to the Council, and Councilwoman.Murdock
said she had met with the president of the Board of Directors,.and
he was in favor of investigating the possibility of combining the
coverage with an increase in liability at a saving to the residents.
Mayor Pernell noted that;at present the Association and City
each have coverage for $10.million liability, and the combined cost
is $26,002; combining policies on the expiration date, November 26,
1982,would cost $23,470 for $20 million liability for the City
and the Association. If the liability coverage .were increased and
the policies were combined on July 1,.1982 there would be a cost ad-
justment to the Association for cancellation and a pro -rated addi-
tional fee of $2,931; Councilwoman Murdock said this would be offset
by a refund of approximately $3,000 of the premium fo.r the existing
coverage, ;Chairman Murdock said if consideration is to -be given to
combining the coverage and increasing the liability it should be.
done in connection with executing the lease for the fiscal year.
In discussing the matter Mayor Pernell said that to pay a fee
for cancelling the policy would offset any savings, even if there
were a partial refund approximately equal to the fee. The City
Treasurer said he considered the increase in liability coverage
worth it. Councilman Heinsheiiner said that since the fee would be
as a result of the Association's.cancellation of.their policy,..the
financial impact should be borne by the.Association. He suggested
thatthe action.be taken in November., when both policies expire.
Councilwoman Swanson said she wished the record to show that she is
in favor of paying the necessary fee.for increased liability coverage..
Mr. Smith advised the Council that the cost for increased coverage for
the City, .increasing the liability from $10 million to $20 million
would be $1418 for the remaining five months until expiration of the
current policy. Councilwoman Swanson moved that the City approve
increasing the liability coverage from $10 million to $20 million if'
it can be done within a-$1500 limit. The motion died for lack of a
second. The matter was held on the agenda for discussion with the
Board of Directors at a joint meeting on June 29.
LEASE BETWEEN CITY OF ROLLING HILLS AND C014MUNITY ASSOCIATION 632
Councilwoman Murdock reported that she met with Andrew Shaw,
president of the Board of Directors to discuss the proposed lease,
and the Board's main concern appears to be with some of the wording
and the time frames spelled out in 'the lease, specifically a pro-
vision for a thirty day notice by either party for cancellation,
which the Board felt was too short, stating that a six month time
period was more reasonable. Councilwoman Murdock said she would
convey to the City Attorney the matters which were developed in her
meeting with Mr. Shaw, and would have a memo prepared for review at
the joint meeting. Mayor Pernell ordered the matter held on.the
agenda for discussion at the joint meeting.
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June 283. 1982
K. TABATABAY PROPERTY, 5 CREST RD. WEST, PUBLIC NUISANCE . 644
Mrs. Clifton advised the Council that although some steps have
been taken since the Council declared the property a public nuisance
to have the site made more safe, progress is extremely slow,. and .she
suggested that members of the Council visit the site and determine..
whether there should be consideration of requiring that the house be
razed, and she said the City Attorney should be asked to research the
matter of razing construction.
Mr. Smith reported that he discussed the matter with the County
.Building Department and was advised that there is a valid building
permit in'effect on the -site and in their estimation there is progress
occurring on the site,;:°particularly .since the Council determined that
the property was a public nuisance. The Fire Department .feels that
although there.is still.a.fire hazard, it is not the extreme fire.
hazard t.hat.it was, but is not as safe as a normally constructed
building should be. The City Attorney said that if the Council's
goal is to get rid of the structure because it is unsightly and no
oo progress is being made,'the Building Code does not provide that it
O can be declared substandard.because.-there has been virtually no
progress until it has been in construction for at least five years.
S'i If the building permit expires because the owner suspends or aban-
dons the work and fails to get a new permit., the City can then take
m jurisdiction of the construction, Mr. Jenkins said., since the.owner
Q loses his vested right when he no' -longer has a building permit. If
there are specific hazards which can be identified the Council can
order them.abated, and the Building Department and Fire Department
can make recommendations for remedies of.the hazards, including
demolition of the structure, he said.
Councilwoman Swanson suggested .that the Fire Department be
asked to comment in writing on the hazards on the property, and that
the City Manager be.authorized to act promptly in the event such
action is needed; further, she suggested.that the matter be held on
the agenda for additional consideration by the Council. Mr...Smith
said that among the hazardous items listed by the Fire Department
were exposed beams and studs,exposed re -bar and. unprotected pool.
Mr. .Smith said he has been advised that the Community.Association
has withdrawn their building permit, and contractors will not be
admitted at the gate to go to the property,. even though there is a
valid City building permit in effect.
Mayor Pernell said it is his opinion that every effort should be
made to have the construction completed as soon as possible. Mrs.
Clifton said there.are accessory buildings on the property which have
shed roofs in violation of Community Association building regulations.
Mr. Smith said that although the owner is.t.aking a great deal of time
to complete the project, he is well within the.five year limit permit
ted. Mr. .Smith said the building permit was taken out in August 1978
and will not expire for.14 months.. Councilwoman Swanson said it was
her understanding that swimming pools on uninhabited properties had
to be fenced. Mrs. Clifton said that pools were required to be.fericed
on properties on which the homes were destroyed by fire, but there has
not been such a requirement.on properties on which there is a structure.
Mayor Pernell asked that there be a title search to determine whether
there is a lender on the property, and he ordered the matter held on
the agenda for discussion at the joint meeting.
DONGGUY JIN, LOT 246 -MS, APPALOOSA LANE - ILLEGAL GRADING 840
The City Manager circulated an aerial photograph of the Jin
property on Appaloosa Lane which was furnished by Doug McHattie.of .
South Bay Engineering Corporation. Mrs. Clifton reported that Mr.
Jin was advised by the County Engineering Inspector that the grading
on his property was in violation of the City's grading ordinance,
and.she said, further, she discussed with him the fact that the work
was done without a.permit. Following receipt.of a letter from the
Fire Department about the fuel load which had been deposited on the
road causing a hazard to adjacent properties,..the brush which had
been cleared was removed and Mr. Jin was requested to submit a plan
for restoration of the property, which Mr. McHattie said could be done.
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June 28, 1982
Mrs. Clifton said the contractor who did the grading came to the
office and told her that he thought Mr. Jin had taken out a permit
for the work. Mayor Pernell said.it was his opinion that all fuel
hazards should be removed, the property should be restored to the
original condition and complaint should be entered against the con-
tractor. With the consent of the Council Mr. Smith was authorized
to proceed with correction of the matter.
PROGRESSIVE BUDGET, 1982 - 83 .888
Councilwoman Murdock reported that all members of the Council
with the exception of Councilman Heinsheimer had met in a session to
discuss the preliminary budget, and prior to the meeting she met with
the City Treasurer and.Mr. Smith. It was her recommendation that the
Council meet again to discuss the policy questions which affect the
budget. She asked Mr. Smith to report on the most recent meeting.
Mr. Smith reported that the initial projection of revenues was
based on certain allocations from the State, including cigarette tax,
sales tax and motor vehicle.. in -lieu funds amounting to approximately
$501000. It now appears that that the amount probably will be reduced
to 507o of that amount, and may disappear entirely. Based on budget
figures released in Sacramento, Mr. Smith said some cities are prepar-
ing their budgets based on. receipt of 507a, others are budgeting without
the revenues. It was Mr. Smith's recommendation that the Council re-
view the proposed expenditures and consider reductions to offset the
loss which will occur. In response to questions from Mayor Pernell
the.City Treasurer said $50,000 represents 15.- 207o of the total budget.
Mr.-Courtright said it also represents 1007o.of the total projected
ending fund balance if. expenditures are not.reduced. Mr. Smith said .
policy questions will have to.be addressed, and h.e 'said; further, no
provision has been made for employment -increases or -cost of living ad=-
justments.,in the budget for the next year. He agreed with Council-
woman.Swanson's suggestion.that another budget session be held. so
he can received direction from the Council.
Mayor Pernell said the Council has been considering some-selfk
liquidating charges on services in certain areas and -some adjustments
can be made. Councilwoman Swanson said building permit fees should
be reviewed and revised to cover all costs, and she said one of the
methods being considered as a policy matter is to allocate a certain
amount to the Planning Commission for Planning Advisor's services,.
with an effort made to eliminate all but necessary appearances.and
other services, since the new City Manager has had extensive planning
experience. Councilwoman Swanson said the Council has contracted for
20 hours per month.service by the City Attorney, and an effort is -also
being made to stay within that amount and reduce all but necessary
other services.. She said the Committee can.present recommendations to
the Council for policy decisions, or the.entire Council can meet to
review the budget.
Mr. Courtright reported that the total property taxes collected
for the year will be about 5% less than budgeted,:will have a-$5,000
impact on the General Fund and a $10,000 impact on the Refuse Collect-
ion Fund, which will result in the need to make up a $28,000 deficit
in the Refuse Collection Fund next year. 'To do so will require a.29%
increase in fees over this year, which fees increased 32% over the
previous year. Mr. Courtright said refuse collections in fiscal 1980-
81 were $213,000 and the projection for refuse collections -in the next .
budget year will be $364,000. He said all current.net administrative
expense is being allocated pro rata to the primary functions such as
safety, recreation, public works and refuse collection, and as..the
administrative expense increases, the allocation of administration to
the functions increases. It was Mr. Courtright's recommendation that
an effort be made to balance this year's budget without making any
policy changes. Mr. Courtright said he can have the budget ready by-
next
ynext week, and it was his opinion that changes in policies with re-
spect to collection of fees or control over expenditures would delay
this year's budget. He said policies which the Council can develop
to control the budget should be given more time, and take place after
adoption of this budget. Mr. Smith agreed with the recommendation.
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June 283, 1982
Mr. Courtright said the budget will be ready for consideration
at the July 12 meeting'and should include.all recommendations for
changes in compensation. Mr. -..,Smith said changes in Support .Costs
should also be included,.and he explained that items such as Social
Security, Unemployment Insurance, Workers Compensation, etc. should
be considered%...Support Costs, not Fringe Benefits. Councilman Heins-
heimer asked that the budget be sent to the Council when it is ready
to give members an opportunity to review it before the meeting.
Mrs. Clifton suggested that Council members read the letter from
the Assembly'California Legislature which. addresses the state's fiscal
crisis. Mr. Smith reported that the cities of Rancho Palos Verdes and
Rolling Hills Estates have approved participation in the DUI (Driving
Under the Influence) program. He said if Rolling Hills elects to be
a participant it would require a budget allocation of $3,650 and
would generate revenues projected,at $1.;710, but which may be more.
He said he would recommend adding the $3..,650 to the budget, and con-
sider.it when looking for reductions to be made.
REPORT - 4TH OF JULY, 25TH ANNIVERSARY CELEBRATION 1136
Councilwoman Leeuwenburgh reported that plans for the celebration
of the 4th of July and the 25th Anniversary of the City's incorporation
are well unde.r.way.. The tax rolls for 1957 have been.provided,:and::-
Councilwoman Leeuwenburgh said current: residents who lived in the. City
when it..was:incorporated.can be honored at the celebration, if.the
Council so or ,der , s....Following discussion Councilwoman Leeuwenbutgh was
authorized to hoor those residents at.the community party. She,asked
that a.Newsletter be sent to all residents, announcing.the time of the
event, and asking residents who lived in Rolling Hills in 1957 to
contact her. Councilwoman Swanson said young members of the community
who*have contributed to the Council should be honored as well..
APPOINTMENT -.TO TRAFFIC'COMMISSION. 1230
Councilwoman Leeuwenburgh said she has contacted residents who
have submittedapplications and will make a recommendation to the
Council for appointment to the Traffic.Commission at a later time..
MANNY DAVID SUBDIVISION,. TRACT .37810 1235
Councilwoman Swanson asked Mrs. Clifton whether the bond for the
horse trail and drainage.ditch improvement on the Manny David property'
..at 38 Crest Road East was still:in effect. Mrs. Clifton.said she. -has
written to Mr. David and asked.that the improvements be completed as
soon as possible. She said there is sufficient bonding to cover the
costs, and Mr. Smith has been advised in the matter.
INCORRECT CHARGE, LIST OF DEMANDS
1245
Mrs.. Clifton advised that Demand No. 10486 in the amount of
$251.20 was inadvertently included in the list -of demands presented
to the Council for approval, and should be deleted, since it is for
an Association bill.
Councilwoman.Swanson moved that Demand No. 10486.in the amount
of $251.20 be -deleted from the list of demands, and that the 'total
be corrected to reflect the deletion. The motion was seconded by
Councilwoman Murdock. an.d carried by the following roll call vote:
�n AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
M
June 28, 1982
CONSTRUCTION ON WEBBER PROPERTY, 8 BUGGY WHIP 1254
Councilman Heinsheimer asked whether any action would be taken
against the contractor who developed a riding ring on the Webber
property located at 8 Buggy Whip Road without obtaining a Conditional
Use Permit from the Planning Commission. Mayor Pernell asked Mr. .
Smith to advise the Council what could be done. Mr. Smith said that
the matter could be brought to the attention of the Contractor's State
License Board, and copies of a Consumer Complaint Form was distributed..
Mr. Smith was authorized to proceed with a complaint against Mr. Web °'
ber's contractor, William Stromberg. ,
INSPECTION OF DOAK PROPERTY. 56 PORTUGUESE BEND ROAD 1273
. Councilwoman Murdock asked whether the County Geologist is making
regular inspections of the swimming pool on the Doak property. Mrs.
Clifton reported.that Bob Thomas, County.Geologist, advised her that
the pool has been drained of all but a small amount of water,, and
Mr..Doak was concerned about completing the drainage into the canyon..
Mr. Thomas gave permission to have the remaining'.water drained into
the canyon by siphon hose, and the permission was verified with the
City Manager. Mrs. Clifton said it has been determined that there is
no cesspool on the Doak property and effluent is discharged through
leach lines. She .said this method of disposal is"a matter of -con-
cern to the geologists and a recommendation will.be made to Mr. and.
Mrs. Doak. Mr. Smith was asked to follow up on the matter..
CLOSED SESSION 1303
Mayor Pernell recessed the meeting to an open session at 9:10 P.M.
The meeting was reconvened at 9:40 P.M. and the Mayor reported that -
the Council had discussed matters of litigation.
MEETING WITH BOARD OF DIRECTORS 1356
Mayor Pernell said the Council would meet'•.with members of the
Board of Directors at 7:00 P.M. Tuesday, June 29'to discuss matters
of mutual concern.
PRESENTATION OF GIFT TO RETIRING CITY MANAGER 1360
Mayor Pernell said he wished to convey to Mrs. Teena Clifton,
who is retiring after serving as City Manager since February 1964,,
whom he called the Council's "colleague, confidante and friend --
a neat human being" the best wishes of the Council,'and present a
token of the Council's esteem. He asked Councilwoman Murdock to
make.the presentation, a gift of Baccarat crystal. Councilwoman
Murdock presented the gift, and read the following quotations:
"The world is round, and the place which may.seem like the end may
also be only the beginning'.'" Ivy Baker Priest. "Every exit is an
entry to somewhere else." Tom Stoffard, and "If your name is to live
at all it is so much more to have it live in peoples' hearts than.
only in their brains." Mrs. Clifton thanked the. Council for the
gift, and for an album of snapshots taken at her testimonial dinner'
on June 24. The Mayor asked members of the Council and guests to
remain for refreshments following the meeting.
ADJOURNMENT
The meeting was adjourned to 7:00 P.M. Tuesday, June 29.
City Clerk
APPROVED:
Mayor
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