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3/13/1967MINUTES OF THE REGULAR MEL, MEETING OF THE CITY COUNCIL THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 13, 1967 A regular meeting of the City Council of the City of Rolling Hills was held'at the City'Hall, 1 Portuguese Bend Road, Rolling Hills, California at 7:30 P.M. on Monday, March 13, 1967. OLL CALL Present: Councilmen Hesse, Nadal, Tourtelot, Mayor Fay Absent: Also Present: INUTES It was moved by Councilman Tourtelot, seconded by Councilman esse and unanimously carried that approval of the minutes of February 27 be held until the next regular meeting of the Council. CORRESPONDENCE Incorporation of Dominguez n The City Manager presented a communication from Focal Agency Formation Commission with reference to notification of a tearing on March 15 of .the . applidation ':f or ; incorporation of the.. prop;oeed .city `.of .Dominguee . The letter was ordered received and filed.`. Councilman Klein Teena Clifton William Kinley Marion Welch June Cunningham A. Bond! Chief Brewer M. W. Ransom W. Kessenick W. Ellison A. Esser M. Gould J. Millhauser Mrs. Saffo Mrs. Schleissner S. Swanson W. Stringfellow Mr. & Mrs. E. Worth City Manager City Attorney City Treasurer Secretary. L.A.— County Road Dept. L.A..County Fire Dept. L,.A, County Flood Control So.. Bay Engineering Resident Resident Resident Resident Resident Resident Resident Resident Residents Pacific.,Telephone Co. Rate Increase Resolutions from the cities,of Beverly -Hills and Manhattan Beach protesting rate increases by'Pacific Telephone` Company"wete"ptesented by the City Manager. The matter„was.ordered..held on the agenda. Proclamation.-,Pal.os.Verdes.Peninsula Javicees A proposed proclamation proclaiming the week,'>of March 20-27 as JAYCEE WEEK was not acted upon, because o.f a lack .of 'a. second to Council - an Tourtelot's motion. ; PORTS OF CITY DEPARTMENTS Sheriff's Department The City Manager presented the Sheriff's .Report for the month of January 1967. It was ordered receiyed.and filed. March 13, 1967 Fines and Forfeitures The City Manager presented the Analysis and Distribution of Fines and Forfeitures for the month of February 1967, noting that the City's share is $84.55. The report was ordered received and filed. FLOOD CONTROL PROJECT #6601 Mayor Fay advised the Council that the matter of ject #6601 would be considered, and that Mr. Ransom of the County Flood Control District was at the Council Meeting at request. Line C of Pro - Los Angeles the City's Councilman Tourtelot, in his capacity as chairman of a commit- tee appointed to contact Mr. Magness of the Flood Control District reviewed the correspondence to and from Mr. Magness during the previous two weeks, copies of which had been sent to members of the City Council, Board of Directors of the Rolling Hills Community Association, Mrs. Saffo and Mr. and Mrs. Worth. Mr. Edgar Worth requested that his letter of March 13 to the City Council be read, and Mayor Fay so ordered. The City Manager read the letter. Mayor Fay then called upon Mr. Milan W. Ransom " Assistant Chief Deputy Engineer, Los Angeles County Flood Control District, for his com- ments. Mr. Ransom asked whether the request for information was for a general status of the project insofar as the District is concerned, and the Mayor answered that it was. Mr. Ransom advised the Council as follows: The Bond Issue is a contract between the Flood Control District and the voters of the district. The Bond Issue was developed in cooperation with all of the cities in the area to meet their master planning, and the Dis- trict does not attempt to determine whether or not the project fits the ,,--f"master planning of the city. When it has been voted on and becomes a :-roject, the city is requested to prepare detail plans. The terms of the 110hd Issue provide that the city's engineer will then design the project <,to accomplish the purpose as set forth in the Bond Issue. These plans ,.:are then submitted to the Flood Control District office; the plans are reviewed to see if they meet theeneral criteria, but not to see that they solve the problem, because the Flood Control District does not attempt to solve local drainage problems; then they are put into the form of a contract plan and specification. They are advertised, and at the time of advertising, in accordance with the Los Angeles County Flood Control Dis- trict Act, the Council is requested to approve the plans and specifications and authorize the construction:in their city. When that is done, the bids are called for, and the contract is awarded to the low bidder on a compet- itive bidding basis. Durin the contract, changes permissible are changes which are directly connect@ with the contract, but do notermit a change of a nature which would be in effect redoing the project; they have to be related to the work. Any change of that nature would be considered, and would be evaluated. Insofar as deleting any portion of the project, once it has been approved and awarded to the contractor, then deleted, the con- tractor would be entitled to recover his potential profit and any money he had expended. The District could not pay any money when the project was not to be built according to the Bond Issue; therefore, expenses would have to be paid by the City. Mr. Ransom then offered to answer any questions. Referring to Mr. Worth's. letter, Mayor Fay asked if the District had ever considered projecting the line completely across the Worth's pro- perty, and Mr. Ransom stated that as he had told Mrs. Clifton and Mr. and Mrs. Worth, any work that would benefit private property could not be fi- nanced out of public funds. Mayor Fay then reviewed the three alternatives -2- March 13, 1967 as stated by Mr. Magness: 1) approve the project as contracted for, 2) abandon it and pay for the engineering expenses incurred, 3) re- evaluate the project, with the understanding that all additional costs incurred.would have'to be borne by the.City. Mr. Ransom added that any change the City requested would have to serve the same fundamental basis of the original project. Councilman Nadal stated that in his opinion the Saffo problem ould not be separated from the basic drainage problem in the area of ine C,.Flood Control funds should be used to solve the problem at-Port- guese Bend Road. and Crest Road, and that he would like to have further study made into the cost of taking an additional engineering look at the area, so that the Flood Control funds that are allocated could attempt to solve all the problems in the area under disucssion. Councilman Hesse questioned whether .the Council had the free- dom to consider the question put to the Council by Mr. Nadal, or whether the project would go into an automatic default situation. Mayor Fay referred to Mr. Ransom for the answer. Mr. Ransom advised that there are already approved projects under contract, and under the F1ood.Con trol Act, if any line of a project is deleted the funds can no longer be used for that project, nor can they be spent in the area, but must be spent elsewhere. Mr. Ransom then suggested that a meeting could be held with the Flood Control District and the City's engineer and adviser to decide where to go next, but admitted that his outlook is pessimistic because.of legal complications; that any change would have to relate to the contract as it now exists, and could not change the concept of the contract. Further, that competitive bidding on the project was accepted, and that in.making any change in concept or locale, the City would be subject to potential liability by the losing bidders. Mr. Kinley, Attorney for the City of Rolling dills, stated hat he had visited the site of Line C with Mr. Pearson, and had one ver the proposed alignment. He further stated that Mr. Pearson gad aid Line C was not designed to take care of the Saffo problem, and the affo problem is altogether a different one. E. L. Pearson, acting as the City's Engineer for Flood Control Project 6601 recognised that there are two problems, but engineered onlyy the one provided for by the Bond Issue, as approved by the City, and he said it will take care of the problem for which it was designed. Mr. Kinley further said that the problem near the Saffo residence is an acute one, but is not in Project 6601 as approved by the City. He then requested that Mayor Fay ask Mr. and Mrs. Worth and. Mrs.. Saffo whether or not anybody contends, or if they, either of them, contends that the location of Line C will result in damage to their pro- perty as presently en ineered. If that is so, then the project may -have to be.:abandoned. It is the primary consideration, and one which cannot be overlooked, because if any damage will be done to either the Worth or Saffo property, it must be re -engineered, and that is of more concern than anything else before the Council, from the standpoint of legal liability. Mayor Fay then asked Mrs. Saffo if she would like to state that her property would be damaged, and Mrs. Saffo replied that her propertyy would not. He then asked the same question of Mr. Worth, and Mr. Worth. replied that his concern was that there would be more water comi4 into is canyon, because more water would be picked up, but that he had been ssured by Mr. E. L. Pears,on,that this would not be so, and if such was he case, he did not feel that there would be any damage, if it is more efficient than what he has now. Councilman 'Tourtelot recommended that the City consider extend- ing the drain pipe on the Worth property, and installing drain pipe on the Saffo property at City expense. Mrs. Worth then stated that it is her opinion that the extension should be made at the expense of the Flood -3- March 13, 1967 Control District, and that if the request were made for an extension, the work would not be delayed because work on the upper end of the line could progress while the change was being engineered. Mayor Fay again stated that Mr. Ransom had advised that any changes or modifications would mean additional expense to the City in terms of engineering. Mr. Ransom then stated the policy of the Flood Control District: If there are any costs by reason of action of the Council, the District would look to the City for payment of those costs. Any costs in terms of the project which are authorized within the Bond Issue, and which fit the general criteria would be at project cost. He added that Mrs. Worth had suggested that because of improper engineering, new engineering should be considered which should be added to the cost of the budget; Mr. Ransom declined to comment on that; however, he did suggest a meeting with the Flood Control District and the engineers to consider the feasibility of negotiation of such a change within the limits of the Bond Issue. However, he stated that based on past information of the Engineer, and the Flood Control informally, the extension was not necessary, and therefore would benefit private property, and it would have to be paid for by someone else. Councilman Hesse asked whether the alternatives could be considered simultaneously~ with Councilman Tourtelot's suggestion, without.causing any delay which would hold up the project, should it be decided to proceed with the project. Mr. Ransom answered that it could. Mayor Fay asked the City Attorney whether the City had the legal right to obligate the taxpayers of the City of Rolling Hills through an extension not included in the budget. Mr. Kinley stated that the expenditures are not known, and wit out'the total cost, it would be hard to answer. Mr. Kinley than asked for an explanation of why the change was being requested by the Worths; whether their object- ion to the line ending where it does was to additional water in their canyon; whether the water will deteriorate the size of their property. Mr. Worth answered that they have always had a problem of erosion, that in one corner of their barn there is a foot of air space. Mayor Fay recognized Mr: Swanson, President of Los Caballeros who told the Council that he strongly supports the Worths' contention that the termination of the drain should be extended, because the Caballeros have been trying to get a horse trail in that area to the Flying Triangle, and if the dissipator is put where now planned, there will be now room for a trail. Councilman Hesse =asked whether the trail would be on an easement, and Mr. Swanson stated that it would. Mrs. Worth, however, said the trail would out across their propert , not on an easement.. Councilman Hesse then asked whether it was the orths in- tention to dedicate a portion of their property for a trail to accomodate the Caballeros. If so,�the dissipator would no longer be located on private property, but would serve a public purpose, and therefore public funds might be used. He further stated that if a purpose of the City of Rolling Hills, one example of that purpose being that the trails which are used by the Caballeros and by all citizens of the Community were to be served by such a change porposed, then the City might have a reason to spend public funds, and Counsel might be able to give an affirmative answer to Mayor Fay's question. That is the reason, he said why consid- eration is being given to the question of whether it is public or private in the matter under discussion. After discussion, a six point resulution was proposed by Council- man Hesse and seconded by Councilman Tourtelot. Following questions by Councilman Nadal, Councilman Hesse amended the resolution as follows: 1. That the project not be interrupted. 2. That .the engineers for the City and Flood Control District, the Worths and Mrs. Clifton be invited to meet on the site to consider the necessity for, and initiate an estimate of the cost of, extending Line C beyond its present terminus. -4- March 13, 1967 3.'. That an effort, be made to determine if funds from the.Bond Issue under .Project 660.1, or ,from. the City, or from private:s:outces including the Worth.s,.are available that should or that could be applied to the extension of Line C. 4'. That the City confer with the contractor to establish the cost of any proposed modification or extension of Line C. 5. That the Worths, Los Caballeros and the Association ascertain if a Bridle Trail Easement can be obtained across the Worth property and the6r properties to the Flying Triangle. That the drainage problem concerning the Saffo problem and Crest oad be studied by the City, with the cooperation of the Rolling Hills ommunity Association, to arrive at a solution. 7. That it be ascertained if the Crest Road drainage problem in the area of -the Saffo property could be made a part of the Flood Control Project, either as a.modification, or as a substitute, or as part of Line C. The amended resolution was seconded by Councilman Tourtelot and passed by the following roll call vote: d, AYES:. Councilman Hesse, Nadal,*Tourtelot, Mayor Fay NOES: None ABSENT: Councilman Klein SUBDIVISION NO. 32, TENTATIVE MAP, TRACT 26661, A. E. ESSER. LOT 69E -MS Mrs. Clifton stated that the Planning Advisor'sReport dated February 16, 1967 re Tentative Tract 26661, Lot 69E -MS, Alvah E. Esser, owner, and the minutes of the Planning Commission dated February 21 were ready for review by the City Council. With reference to Section I, General, Paragraph G, page 2, Mr. Esser advised the Council that it is his wish to maintain the present ural atmosphere, and in his opinion, the present �rivate drive givinecess to his property is adequate- that to widen t as required by the lanning Advisor and Planning Commission would necessitate removal of two stone posts at the entrance, a telephone pole and several trees. Mr. Walter Kessenick, South Bay Engine®ring, representing Mr. Esser, exhibited a map of the proposed subdivision, colored to show the section of road used by Mr. Esser.and.other property owneres in the area and pictures of cars passing on the present road. Mrs. Schleisener,:`:a z ighbor 'of Mr.. Esser stated that in her opinion the road is adequate. Reference Section VIII, Cit Fire Chief,.Paragraph A, age 3: The Manager introduced Chia Latham Brewer of the Los Angol@s Fire Department. Chief Brewer advised that the existing private road from Crest to the,pioperty is not an adequate road for standard fire , fighting equipment without widening of the road, or the addition -of turn- outs. Mr. Millhauser, a resident, stated that he is unwilling to have such widening or turn -outs on his property, and further stated that the property of Mr. James Barnard, another neighbor, is not adaptable for either purpose because of trees. 1. The matter was held over to give the members of the Council an opportunity to make a field trip to the site and evaluate the Planning Advisor's recommendation with reference to the private drive and the recommendation of the City Fire Chief: "That a standard city road be stablished from Crest Road to the beginning of this tract on the exist - ng driveway. The width of paving should be per city ordinance." Mrs. Clifton asked Chief Brewer to advise the Council, as instructed in Planning Commission Minutes of February 21, whether the present lines leading to Mr. Esser's pproperty are adequate for a hydrant 1. ying.,l250.gallons.per.minute at 20 psi, as s ecified.in Paragraph B of Section VIII. She also mentioned that Mr. William Stringfellow might have a question with regard to the fire hydrant requirement on his sub- division, and that Mr. Willard Ellison was present to express a concern -5- March 13, 1967 with reference to the fire hydrant required in his subdivision on Portuguese Bend Road. Chief Brewer stated that at present the properties in,:the area of Crest Road are being served by a 41,' main, but that the Palos Verdes Water Company has a'36 main along'Crest Road from reservoirs located to the East of the properties in question, and because Mr. Stringfellow's subdivision ig 1300 feet from Crest Road the fire.department has recom- mended that the Water Company tap the 36 main and"that Mr. Stringfellow replace the hydrant head on Crest Road,,run'a line to the boundary of the new property, and there install a new hydrant, -to provide hydrants and fire flows adequate for properties in the area, including Mr. Essers. Mr. Stringfellow has agreed to comply with the requirements. With reference to Mr. Ellison's subdivision, Chief Brewer reported that the Fire Department had tested the line, -pressure near Mr. Ellison's property on March 13, and the hydrant delivered 2194 gallons per minute, which is adequate for the area, and therefore, no additional hydrant will be necessary. Chief Brewer left a map with the City Manager, showing the main on Crest Road. Mayor Fay thanked Chief Brewer for has presentation. PAYMENT OF BILLS It was moved by Councilman Nadal that Demands No.1316 through 325 be approved for payment from the General Fund. DEMAND NO. NAME AMOUNT 316 Addressograph Multigraph $222.12 317 J.A. Lambie, Cty. Engineer 106.00 318 P.V. Hills Co-op Nurs. School 22.00 319 Riviera Stationers 1.77 320 Pacific Telephone 12.88 321 Palos Verdes Water Co. 3.00 322 Gateway National Bank 130.50 323 The Corinth Co. 10.00 324 So. Calif. Gas Co. 9.64 325 General Telephone Co. 202.59 $720.50 Motion for approval was seconded by Councilman Tourtolot and seconded by the following roll call vote: AYES: Councilman Hesse, Nadal, Tourtolot, Mayor Pay NOES: None ABSENT: Councilman Klein PROPOSED ORDINANCE - WEEO ABATEMENT Mayor Fay directed ,,the matter be hold on the agenda. ADMINISTRATION 'BUILDING Mayor Fay directed the matter be held on the agenda. EASTFIELD GATE CONDEMNATION Mayor Frsy directed the matter he held on the agenda. -6- 1 March 13, 1967 UNDERGROUND UTILITIES Councilman. Tourtelot reported that he has contacted represent- atives of Southern California Edison about the General Telephone Company's intention to install underground cables on Crest Road; and both companies have.agreed to a joint venture in installing lines, to eliminate future excavation. The matter was ordered held on the agenda until plans are submitted for final approval. INCREASE IN BUILDING PERMIT FEES ` The City Manager reported that she had discussed with Mr. Alex Bond, District Engineer of the Lomita Buildingand Safety Office, the matter of revenue vs expenses in connection wth the County Engineers contractual service for the issuance of building permits and building inspections. She stated that because the first and third quarters of 1966 reflected an excess of expenses over fees collected, an attempt had been made to determine the primary causes for the deficit period. Mrs. Clifton then introduced Mr. Bond, and submitted to the Council a colored graph study of revenue vs expenses for building permits issued and inspections made since 1960. Mr. Bond stated that it was his opinion that the increased emphasis on geology and its accompanying inspection, the cost of which must come from the building permit fees, is the reason for the increased cost to the City. He recommended that the fees be increased, in order to cover expenses of the Building Department service. Mrs. Clifton recommended that the Council double the building permit fees, but not increase the plan, check fee at the present time. fter discussion, it was moved by Councilman Tourtelot seconded by ouncilman Hesse that the building permit fees be tdoubied, and the Man- ger was directed to notify the Department of Building and Safety in writing of the increase. PERSONNEL SESSIO.N The meeting was adjourned to a closed session by Mayor Fay at 10:35 P.M. to discuss` impending litigation. ADJOURNMENT Followingthe personnel sessi®n, the meeting was reconvened at 11:30 P.M. There ein no further business to come before the meeting, it was moved by Councilman Hesse, -seconded by Councilman Tourtelot, and unanimously carried that the meeting be adjourned. City Clark APPROVED: Mayor