11/29/1982310 MINUTES OF A JOINT MEETING
CITY COUNCIL, CITY OF ROLLING HILLS
BOARD OF DIRECTORS, ROLLING HILLS COMMUNITY ASSOCIATION
November 29, 1982
A joint meeting of the City Council of the City of Rolling Hills
and the Board of Directors of the Rolling Hills Community Association
was called to order at the Administration Building, 2 Portuguese Bend
Road, Rolling Hills California by Mayor Pernell at 7:30 P.M. Monday,
November 29, 1982.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Swanson, Mayor Pernell
ABSENT:
ALSO PRESENT:
PURPOSE OF MEETING
Directors Bray, Hesse, Lusk, Stringfellow
President Shaw
None
Ronald Smith
Peggy Minor
Michael Jenkins
William Kinley
Mrt 9z Mrs.- Wm;°!Adkihs
Mrs. Mildred Bell
Mr. & Mrs. R. Henke
Mrs. Beth King
Mrs. Velma Matthews
Mrs. Beverly Pernell
Mrs. Shirley Tyndall
City Manager
Association Manager
City Attorney
Association Attorney
Residents
. Mayor Pernell said the joint meeting was scheduled as -.part of an
on-going coordination and discussion of matters of interest to the City
and Association.
LEGAL REVIEW AND UPDATE . 1 846
Mr. Michael Jenkins, City Attorney,'.addressed the Coundil,.arid
Board with regard. to litigation concerning the Flying Triangle area,
outlining a recent Superior Court decision in the;matter. An update
of the litigation regarding the Wolinski drainage on property adjacent
to Poppy Trail indicates that the C ' ity has-been dismissed from the suit
but is still a party'to a cross complaint filed by the County of Los
Angeles. Proceedings against Roger Meurer have been filed in the courts
and this entails non=payment of a bond in the amount of $28,000. The
City Manager noted that funds derived from the bond would be paid to -the
Rolling Hills Community Association for road improvements made':to Upper
Blackwater Canyon Road.. Director Hesse asked why the holder of the bond
did not pay. The City Attorney indicated that a defense argument in the
matter has been submitted to the courts and is being reviewed.
Mr. William Kinley, Legal Counsel for the Community Association,
gave input to the Board and Council on the current suits involving the
Rolling Hills Community Association; including the Flying Triangle area
litigation, and a suit recently filed by Milan Smith which involves'l.the
method of assessment of property by the Rolling Hills -Community Associ-
ation. Mr. Kinley noted that the Community Association has completed
the procedures on the Kuhne property, but the matter is still before
the City Council, and the City is a party in the action,at this time.
He indicated that the Mohr vs RHCA litigation involving eminent domain
is proceeding. Over all, Mr. Kinley reported that there has been a
substantial increase in law suits against the Rolling Hills Community
Association..
Mayor Pernell asked whether there was any relevance to the City
or Association with regard to a recent decision against the City of
Palos Verdes Estates in the amount of $1.28 million. Mr. Kinley said
this was unique to the City of Palos Verdes Estates; Mr. Jenkins said
it involved public improvements.
November 29, 1982 311
Mayor Pernell elaborated on the matter of the antenna, and he
explained that it is being held under submission by the City Council
while being negotiated by the parties. He noted that he had contacted
the principles, Mr. Mohr and Mr. King, and he was encouraged by the
progress which is being made in the negotiations. The Mayor said the
meeting scheduled for Friday, December 3, 1982 at 8:30 A.M. will be
deferred until a later date to allow for input by all parties. A pro-
posal from"the parties-.will'be submitted'to the Community Association;
and Mr. Kinley, Legal Counsel for the Association said the Association
should be involved in any proceedings, since the legal action involves
eminent domain proceedings. Director Stringfellow asked how long the
City Council can continue the process. Mayor Pernell noted that the
parties involved are trying to work it out. Director Bray said it was
his opinion that a decision by the City Council could resolve the issue..
Mayor Pernell said litigation resulting from a decision could take five
years, and would be extremely costly; he said every opportunity for
agreement between the parties should be pursued. Councilwoman Swanson
asked the City Attorney to speak to the possibility of a tie vote, since
only four members of the City Council will be voting in the matter. Air.
Jenkins indicated that the decision of the Planning Commission would be
00 sustained unless there was an affirmative vote by the majority of the .
Ovoting members of the City Council to reverse the Planning Commission's
action. Mayor Pernell said the parties are negotiating the matter, and
ri the offers are well intentioned. Director Stringfellow noted that there
m . is currently litigation involving the site. Mr. Kinley explained the
m process of Certificate.of Convenience and Necessity that would be needed
Q should the property be. deemed subject to eminent domain in order.to de-
termine the amount of rent and financial compensation to be paid to.the
Community Association. Mr.. Kinley said the parties are far apart on
the value; he said an appraiser for the Rolling Hills Community Associ-
ation has indicated that the actual value of the land is $88,000, and
the rent to the Association should be $10,000 per year. The legal.
counsel for Advanced Electronics has advised that the actual value is
$17,000, and the rent should be $7,000 per year.
Members of the Board and the Association legal counsel. asked that
they be kept informed in the matter. Mayor Pernell agreed to do so, and
Councilwoman Swanson encouraged members of the Board to attend City
Council meetings.
KEWMARS TABATABAY, 5 CREST RD. W., STATUS OF UNSAFE PROPERTY
The City Manager denoted that criminal proceedings had been filed
and a bench warrant issued against Kewmars Tabatabay. The City Manager
reported that the property has-been declared unsafe, since the Building
Superintendent of Los Angeles County, had established the exact code
violations.
. The Association's counsel indicated that no permit was active from
the Association's viewpoint, but one would be issued if plans complied
with the requests of the Board of Directors of the Association, as in
all cases.
A general discussion ensued on demolishing the structure, and
the City Manager said she uost would oe in the range of $12,000, but
this was being investigated by the County Building Department. The
Manager noted that the District Attorney is handling the legal aspects
of this case, since it is criminal in nature.
INSURANCE COVERAGE
Councilwoman Murdock inquired about the insurance, and the cost
savings that would result by having a joint policy. Board.President
Shaw asked Director Stringfellow to work with the City in evaluating
all aspects of the.matter of insurance.
ASSOCIATION ASSESSMENTS
Councilwoman Leeuwenburgh reported that she has received
numerous calls about the method of assessment since the recent legal
action, and she asked whether itwould be possible to predict a
dollar amount per owner if the Association changed the present method
of assessment.
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312
November 29, 1982
Mr. Finley said an exact amount could not be
time. Director Bray explained that the membership
must first decide if they wish to make any change,
serve the membership to implement their wishes. He
in the middle, and will serve the community.
established at this
of the Association
and the Board will
said the Board is
A general discussion.ensued on alternative assessment methods,
including dividing the total budget for the Association by the number
of homes to establish an equal division.
LEGISLATION RE: "GRANNY UNITS"
Association legal counsel inquired about the new legislation
regarding second units on residential property, known as the "Granny
Ordinance". The City Attorney indicated that application of. the re-
quirement in Rolling Hills is being investigated. The City Manager
noted that legislation has intervened, and has essentially eliminated
the R-1 Zone through usurping local jurisdictions. He said a public
hearing on a proposal for Rolling Hills will be scheduled shortly after
the first of the year.
ADJOURNMENT
There being no further business to come before the Council and
the Board, Mayor Pernell adjourned the joint.meeting at 9:35 P.M.
APPROVED:
Mayor
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City Clerk
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