8/22/1983•
a•
421
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
August 22, 1983
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 Murdock at 7:30 P.M. Monday,
August 8, 1983.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Leeuwenburgh, Pernell, Swanson
Mayor Murdock
Councilman Heinsheimer
Ronald Smith
Michael Jenkins
L. D. Courtright
June Cunningham
Richard Esposito
David Hall
Robert Baird
Mrs. Betty Bathgate
Dr. David Bray
Lowell Lusk
Andrew Shaw
Mrs. Gladys Black
Mrs. M. Swafford
Mrs. L. Agid
Mr. & Mrs. T. Boyd
W. Clayton
Mr. & Mrs. E. Doak
Mr. & Mrs. W. Field
Mr. and Mrs. C. Fischer
Mrs. E. Hankins
Miss S. Hankins
Dr. & Mrs. R. Hoffman
Mr. & Mrs. L. Hutchinson
Mrs. A. Krauss
Y. P. Liu
Mr. & Mrs. P. Mitchell
Mrs. E. Pedersen
Mrs. B. Raine
Mr. & Mrs. A. Russell
Dr. & Mrs. P. Saffo
Mrs. K-. Sawyer
M. Smith
Mr. & Mrs. J. Tielens
Mrs. V. Virtue
Mrs. M. Wagner
Mrs. S. Jenkins
City Manager
City Attorney
City Treasurer
Deputy City Clerk
Palos Verdes News
South Bay Daily Breeze
General Telephone Co.
Rolling Hills
Community Association
Board of
Directors
Rolling Hills Womens' Club
Realtor
Residents
Councilwoman Leeuwenburgh requested that the minutes of the meet-
ing on August 8, 1983 with reference to a proposed.:burglar'alarm ordi-
nance, page 2, second paragraph, be amended in line four .to state."all.
alarm owners", and she moved that the minutes be approved and accepted
as amended. The motion was seconded by Councilman Pernell and carried
by the following roll call vote: .
AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock
NOES: None
ABSENT: Councilman Heinsheimer
ABSTAINED: Councilwoman Swanson
�22
PAYMENT OF BILLS
August 23, 1983
Councilman Pernell moved that Demands No. 11286 through 11308,
with the exception of No. 11293, which is void, be approved for pay-
ment from the General Fund in the amount of $79,793.70. The motion
was seconded by Councilwoman Leeuwenburgh and carried by the follow-
ing roll call vote:
AYES: Councilmembers Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Heinsheimer
PROPOSED BURGLAR ALARM ORDINANCE
1635
The Manager presented a proposed ordinance which would provide
for a charge to the owner of the alarm for response by the Sheriff
if the alarm is activated and the Sheriff responds. The Manager said
the Council has reviewed the records on response to alarms during the
past several months, and it was determined that all alarms were false,
and the cost for responding is between $40 and $50 per response, and
takes approximately 33 minutes.
In discussing the proposed ordinance Councilman Pernell said since
money allocated for Sheriff's services is a major expenditure for the
City it is important to understand that the ordinance was developed'
as a result of re -allocation of costs to the rest of the City based
on the number of alarms, since 95 - 97% of the alarms are 'false.*alarms.
A motion to introduce the proposed ordinance entitled AN ORDI-
NANCE OF THE CITY OF ROLLING HILLS RELATING TO BURGLARY, ROBBERY AND
FIRE ALARM SYSTEMS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE and
to waive the reading in full was made by Councilman Pernell, seconded
by Councilwoman Leeuwenburgh and carried by the following roll call
vote:
AYES: Councilmembers Leeuwenburgh, Pernell, Swanson
Mayor'Murdock
NOES: None
ABSENT: Councilman Heinsheimer
Mr. Allan Russell and Mrs. Betsy Raine asked whether the charge
for response would be assessed if an arrest was made as a result of
the alarm. Councilman Pernell said it is the intent of the ordinance
to charge for all responses to burglar alarms, since a disporportionate
amount of money is being paid to the sheriff for response to alarms._
The Manager said the fees would be set by resolution at the next meet-
ing when the ordinance is adopted, and provision could be made for a
situation in which an arrest is made pursuant to response to an alarm,
since the situation would then be changed as far as the Sheriff is
concerned.
NOTICE OF VIOLATION, 38 CREST ROAD EAST 1580
The City Manager reported that funds have been deposited with
Southern California Edison Company for undergrounding of utility lines
at 38 Crest Road East, but no funds have been deposited with General
Telephone Company for undergrounding, and no.provision has been made
to deposit funds for installation of fencing which was required as a
condition of approval of subdivision of the property. The Manager
recommended that the matter be held on the agenda, and the Mayor so
ordered.
-2-
1
October 24, 1983
POSITION DESCRIPTION FOR VOLUNTARY CITY TREASURER AND FINANCIAL ADVISOR
Mayor Murdock opened discussion of description of the positions of
voluntary City Treasurer and Financial Advisor, held from the.last meet-
ing. Councilman Heinsheimer said the City has had only a City Treasurer
in the past and a Financial Advisor would be needed only if the City were
to enter into a large financial venture; it was his recommendation that
no change be made unless.actually needed. Councilman Pernell asked if
the City is required to have a City Treasurer; the City Attorney said
the City should have a Treasurer, and the City Manager serves as Deputy
City Treasurer following resignation of the City Treasurer, until a new
Treasurer is chosen. Councilman Pernell said the required position
should be filled first, and if the new City Treasurer feels that the
assistance of a Financial Advisor is needed, that appointment can be
made at a later date. Councilman Pernell said that as Personnel.Offi-
cer he would work with the City Manager in the..search for someone to
fill the existing vacancy.
EXTENSION OF.TIME_,_TRACT 30345, DR. JERRY GREENHUT .,1381.
In a letter dated September 29, 1983 the Department of County
Engineer -Facilities advised that work required to -be done in.conjunc-
tion with Tract No.. 30345,.Dr. Jerry Greenhut,..has not -been completed..
and an extension of time is necessary to perform and complete the work
under. contracts with the City.. The County. Engineer. advised.that.:bonds`
totalling.$24,000 have been posted for faithful performance and labor
and materials, and recommended that the time for completion b.e extended
until December'l, 1984.
A discussion followed and members of the Council agreed that as
a condition of approval the subdivider should be required to deposit
additional funds. Councilman Pernell moved that the request for a
time extension be granted, subject to a requirement that the bond
deposited be increased by 20%. The motion was seconded by Councilwoman
Swanson and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
MATTERS FROM MEMBERS OF THE COUNCIL
COMPUTER FORMAT FOR DEMANDS
Councilman Heinsheimer said he had made additional changes on the
format of the computer printout of demands presented to the Council,
and he submitted a marked copy for consideration by the Finance Officer.
JOINT MEETING WITH BOARD OF DIRECTORS
Mayor Murdock said a joint meeting of the City Council and the
Board of Directors of the Rolling Hills Community Association will
be scheduled, and members of the Council will be advised when the
date has been confirmed with Board President Betty Bathgate.
MATTERS FROM THE CITY MANAGER
RODENT PROBLEM
The City Manager reported that an officer from the County Health
Department had left printed material regarding rodent problems at City
Hall, and information would be included in a coming Newsletter.
RESOLUTION NO. 516 1478
The City Manager presented a resolution prepared to comply with
requirements of the California Environmental Quality Act. Council-
woman Swanson moved that Resolution No. 516 entitled A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REPEALING RESOLUTION
me
423
August 22, 1983
PUBLIC HEARING, FLYING TRIANGLE GEOLOGIC HAZARD ABATEMENT DISTRICT 1590
Mayor Murdock opened a public hearing on a proposal to form a
Flying Triangle Geologic Hazard Abatement District, and she explained
that the Council had initiated the proceedings, believing that forma-
tion of such a district would provide a vehicle for action which has
not been available previously. The Mayor explained that the Council
is sympathetic to residents in the slide area, but is constrained le-
gally with regard to what the Council can and cannot do. Mayor Murdock
thanked residents for their calls and visits to City Hall and for their
attendance at two Saturday morning sessions conducted to provide inform-
ation, and she turned the hearing over to the.City Manager.
The Manager reported that the public hearing is being held pursuant
to Division 17 of the California Public Resources Code, and in a staff
report he advised that public hearing notices were sent to 41 property
owners in the proposed district by certified.mail as required by State
law. Subsequently protests were received from 29 owners of property
within the proposed district, representing in excess of 50% of the
total assessed valuation. Mr. Smith said the total assessed value of
land within the proposed district is $9,085,985; protests totalled
$,8;106,296 assessed value,°and under state law the -City Council, as
the legislative body, is required to abandon the proceedings. Mayor
m Murdock said there is an opportunity for property owners to withdraw
m their objections; no, one. did... so... Councilwoman Swanson moved that
Q further proceedings for formation of.a Geologic.Hazard Abatement
District be abandoned. Councilman Pernell seconded the motion for
purposes of discussion, and he asked the City Attorney whether he
agrees with the Council's options -as stated by the City Manager. Mr.
Jenkins said the Public Resources Code states that if owners of more
than 50% of the assessed valuation of the proposed district object to
formation of the district, the legislative body shall close."the hear
ing and direct that proceedings for formation of the district be
abandoned, and since shall is mandatory under state law; the Council
has no choice as long as it is satisfied that the protests are legiti—
mate and do reflect the wishes of more than 50% of the owners. The
motion was carried by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Heinsheimer
The Mayor said there would be an opportunity for residents to
comment during the open agenda portion of the meeting, and questions
would be answered at that time.
OPEN AGENDA
Mayor Murdock opened the meetingto comments and discussion from
the Floor, and she said comments would be restricted to three minutes.
Questions would be accepted'orally or in written form, and the Mayor
asked that written questions be signed, so that information which may
not be available at this time can be provided.
Dr. Richard Hoffman, 73 Portuguese Bend Road, said he wished to
comment on why the objections were submitted, stating that he is not
representing the resident.s of the area, but he shares and understands
their feelings and objections. Dr. Hoffman said the idea of a district
is not a bad one, but it was his opinion that more work should have
gone into preparations prior to presentation. He said a district may
be the best mechanism for stopping the landslide and stabilizing the
road, but the majority of'the people in the proposed district felt it
was unfair to expect 41 families to pay for the stabilization... Dr..
Hoffman said many of the properties were included because the road
through the active landslide provides access to their homes; others
were included because stabilization efforts could infringe on.their
properties, but it was the opinion of many of the people that.the
Community Association should be responsible for stabilizing the road.
Dr. Hoffman said geologists concur that the slide can be stopped .and
the road stabilized.
-3-
If
2 4
August 22, 1983
Dr. Hoffman said drainage of water from Crest Road to Klondike
Canyon should not be permitted to cause further erosion, which the
geologists agree it has done, and should not be allowed to cause in-
filtration into the slide, which some geologists feel it has done,
while other geologists do not agree. Dr. Hoffman said it is his
opinion that the next logical step is to develop an exact plan, get
a cost estimate, put. it out to bid. Further, Dr. Hoffman said there
is a need for a joint effort, since people outside of the Flying Tri-
angle do not feel that it is their problem; people living in the Fly-
ing Triangle feel it is too large a burden without some help from the
City and Association. Mayor Murdock thanked Dr. Hoffman for his com-
ments, and she said the matter is proceeding, and joint efforts are
being made.
Dr. Yu Ping Liu, 3 Buckboard Lane, said he has attended neighbor-
hood meetings and it is his opinion that there.should be cooperation
within the community; Dr. Liu said lawsuits against the City filed by
residents in the Flying Triangle area should be withdrawn before the
City is asked to consider taking'an active part. Mayor Murdock said
there has been discussion of that concern, and there has been an indi-
cation of willingness on the part of the people within the Flying Tri-
angle who have not suffered damage to their property to consider with-
drawing their suits.
Councilman Pernell said he wished to address the negative response
by 70% of the property owners in the proposed district, stating that it
is not possible to judge what the remaining 30% feel. He said it is
his opinion that communication was not adequate, since it appears that
property owners objected on the basis of their feeling that it was not
fair to place the entire financial burden on them; actually he said
formation of a district does not in and of itself place a financial
burden on any property owner, but does allow those owners within a
certain area to have a greater voice and provides a legal entity to
proceed in taking charge of the course of action which may result.
Councilman Pernell expressed disappointment that the proposal has been
rejected, and he said it may be because the facts were not adequately.
presented; he asked whether persons within the 41 property district,
and specifically the 29 property owners who filed written opposition
to the proposal felt that the mere formation—of a district automatically
placed an economic burden on their property, stating that this would not
be the case without further action by members of the district. The
district could potentially obligate property owners, but in and of it-
self it does not place a financial burden on owners within the district.
In response to a question by Mrs. Betsy Raine about possible financial
obligation, Councilman Pernell said a district could proceed with the
corrective measures outlined by Dr. Hoffman; a district could also
negotiate with the City, negotiate with the Community Association, or
negotiate with the utility companies, or negotiate with the insurance
carrier. Councilman Pernell requested that the Mayor ask the City
Attorney to address the legal position of any other entity as a re-
sult of formation of a district.
Mr. Jenkins said Councilman Pernell was essentially correct, as
formation of a district is exclusively involved with establishment of
a legal entity which would have its own Board of Directors, and would
have the capability under State law of taking certain actions to abate
the landslide. Mr. Jenkins said establishment of the abatement district
does not create any financial liability, but the entity itself could
make use of various financing alternatives, which would require public
hearings and notice to property owners within the district; he said the
district could exist and not do anything at all. Councilman Pernell
asked whether formation of a district would reduce the liability of the
Community Association.by substituting another entity in an intermediate
position. Mr. Jenkins said it would neither create nor defeat any.
potential liability if there is any. Mrs. Raine said if that is the
case she thinks there has been a major misunderstanding.
Mr. Milan Smith, 26 Portuguese Bend Road, stated that he was at
the meeting to represent Mr. and Mrs. Derwyn-Severy, 29 Crest Road East,
who were included in the proposed abatement district. Mr. Smith said
he did not agree with statements made by Councilman Pernell, stating
that while formation of an abatement district would not create a bonded
-4-
4
425
August 22, 1983
obligation against a property, it would immediately have a financial
impact upon every property within it, with the effect varying in
relation to the location of the property within the district. Mr.
Smith said inclusion of a property.in the hazard abatement district
implies that the property is in the active slide area, and no savings
and.loan association or bank would lend money, and no one would finance
the property thereafter. Mr. Smith said realtors would be required to
disclose that a property is within a geologic hazard abatement district,
even if it is not in a slide, and it is his opinion that this would
have an adverse effect on a possible sale, and he said it would be very
difficult, if not impossible, to obtain insurance,and.at very high rates.
He said these three factors constitute an immediate financial impact on.
properties within a district. Mr. Smith said properties located within
the slide area already suffer from these factors, but properties outside
of it do not. With.r.egard.to the statement that inclusion.in the abate-
ment'.district would not cause an immediate financial burden, Mr. Smith
said that without money the district would not be able to act, so a
bonded indebtedness would be one of the first things that would have to
come about. Dr. Hoffman said he agrees with Mr. Smith, and he noted
that there are only four homes in the active. landslide. He said other
homes in the ancient landslide, and additional homes which are not in
either slide area, but which depend on the road through the slide area
for access to their homes, have been included in the abatement district,
and it is necessary that there be some negotiation, so that the assess-,
ments necessary will be disproportionate, depending on location of the
properties.
Mayor Murdock thanked participants in the discussion for their
comments, and recessed the. meeting at 8:15 P.M.
MEETING RECONVENED
The meeting was reconvened at 8:30 P.M.
MATTERS FROM THE CITY COUNCIL
TEMPORARY CLOSURE OF GATES TO BICYCLES AND PEDESTRIANS 1887
In response to a question by Councilman Pernel.l, the Manager said
he was advised by the Association Manager that 55 bicyclists were turned
away on Saturday, August 13 during the temporary closure of gates to non-
resident bicyclists and pedestrians. Further., the Manager reported that
there were no problems during the Triathlon on Saturday, August 20, 198.3.
CHANGE OF DATE, WOMEN'S CLUB SOCIAL FUNCTION
Councilwoman Leeuwenburgh reported that the date for -the Women's
Club party has been changed from September 10, 1983. to October 8, due
to a conflict, with a Caballeros social function just two weeks earlier.
ALLOCATION OF FUNDS TO FIRE AND FLOOD SELF INSURANCE FUND 1896
Councilwoman Swanson suggested that the Council consider allocat-
ing sufficient funds to the'Fire and Flood Self -Insurance Fund to bring
the fund to $100,000. Mayor Murdock asked -.the City Treasurer to comment.
Mr. Courtright said the intent when the fund was started was to put the
sum of $20,000 per year into a fund which it was hoped would accumulate
to $100,000. Mr. Courtright said it is difficult to project expenditures
from such a fund, and in the past three or four years they have averaged
$30,000 to $40,000 per year, and he recommended that the Council evaluate
the fund each year and determine how much should be allocated, based on
expenditures during the previous year, rather than the set allocation of
$20,000. Mr. Courtright said that if it is the Council's intent to have
a $100,000 balance in the fund, he would recommend that funds be trans-
ferred from the General Fund to the Fire and Flood Self -Insurance Fund
to arrive at that balance.
With regard to fund balances shown on the City's Financial State-.
ments, Mr. Courtright said the fund balance of $227 000 includes $145,000
in the General Fund and. the remainder is in other fu ds which have been
-5-
August 22, 1983
limited by City Council action. Mr. Courtright said the.Council may
change the limits at any time, and may also set up reserves in funds
to assure working capital, and he suggested that the Council consider
such action. The Manager said. the matter will be scheduled for -the
second meeting in September, to be considered with the August Financial
Statement.
COMMUNITY GIFT CAMPAIGN, NORRIS THEATRE 1955-
The
955
The Mayor reported that she received a letter from the Community
Association of the Peninsula advising that on September 11, 1983 the
Community Gifts Campaign for the Norris Community Theatre will take
place in Rolling Hills, and asking that the Council designate that
Sunday as Norris Community Theatre Day in the City. Councilwoman
Swanson moved that the request be honored; the motion died for lack
of a second.
In discussing the matter it was determined that since the Council
has, as a policy matter, not participated in such designations or pro-
clamations, the request would be presented to Rolling Hills residents
in the Newsletter.
MATTERS FROM THE CITY MANAGER 2002
DOG.LICENSING BY HUMANE SOCIETY
The Manager reported that the dog licensing program has been
completed by the Humane Society, and it appears that approximately 160
dogs in the Community have not been licensed. Mr. Smith suggested that
the Council authorize a canvass of the owners of the unlicensed dogs by
uniformed employees of the Humane Society, explaining that the late
penalty would cover the cost of the canvass. The Council agreed with
the recommendation, and Councilwoman Swanson suggested that it be de-
ferred until mid-September,. after the vacation period, and that an
effort be made to determine whether any of the owners have moved from
the community.
BLOCK GRANT PROGRAM, CITY OF LOMITA 2059
The City Manager recommended that an allocation of $4500 to the
City of Rolling Hills for the Jobs Bill be designated to the City of
Lomita as part of the Block Grant Program. Councilwoman Swanson sug-
gested that formation of a.Joint Block for Peninsula Cities be investi-
gated, and the Manager explained that the other Peninsula Cities will
be allocating their funds to Lomita for block grants.
Councilman Pernell moved that the Jobs Bill be included in the
Block Grant Program to Lomita, and that the $4500 allocation be desig-
nated to the City of Lomita. The motion was seconded by Councilwoman'
Leeuwenburgh and carried by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Pernell, Swanson, Mayor Murdock
NOES: None
ABSENT: Councilman Heinsheimer
JOINT MEETING WITH BOARD OF DIRECTORS, ROLLING HILLS COMMUNITY ASSOCIAT
Mayor Murdock announced that the City Council will meet with the
Board of Directors on Monday, August 29, 1983 at 7:30 P.M., the fifth
Monday in the month, to discuss matters of mutual interest and concern.
TRAFFIC COMMISSION
The Manager reported that the Traffic Commission will meet in mid
September, and will consider problems with bicyclists and joggers, and
will report to the Council. A letter dated August 5, 1983 from Dr.
Reinhold Ullrich, 5 Pine Tree Lane; relating problems encountered by
joggers was received and noted.
August 22, 1983
VACATION - CITY MANAGER
427
The Manager reported that he will be on vacation from August 29
through September 10, 1983. Mr. Smith said the Mayor and Deputy City.
Clerk have copies of his itinerary, and the Sheriff and Fire Department
have been notified that he will be away.
CLOSED SESSION - LITIGATION
The Mayor.recessed the meeting to a closed session at 9:OO P.M.
The meeting was reconvened at 10:15 P.M.
ADJOURNMENT
Mayor Murdock adjourned the meeting to a joint work session meeting
with the Board of Directors on Monday, August 29, 1983 at 7:30 P.M. and
she said the next regular meeting will be on Monday, September 12, 1983
at 7:30 P.M.
00
O
co Q City Clerk
APPROVED:
?avyor >'
-7-