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8/24/198162 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL -CITY OF ROLLING HILLS, CALIFORNIA August 24, 1981 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 Crocker at 7:30 P.M. Monday, August 24, 1981. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Pernell, Rose, Swanson, Mayor Crooke Councilman Heinsheimer Teena Clifton Patrick Coughlan June Cunningham D. McHattie R. Anderson Mrs. J. Murdock Mrs. C. Bennett Mr..&Mrs. J. Brogdon Mrs. V. Davisson Mrs. V. Doak Mrs. V. Leeuwenburgh Mrs. M. Mize, Mrs. M. Wagner 630 City Manager City Attorney Deputy City Clerk South BayEngineering Planning Advisor Chairman, Planning.Commission Residents The minutes of the meeting on August 10, 1981 were approved and accepted as presented on a motion made by Councilwoman Swanson, secon- ded by Councilman Pernell and carried by the following roll call vote: AYES:-'-'- Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilman Heinsheimer ABSTAINED: Councilman Rose RECONSIDERATION OF APPROVAL OF DEMAND NO. 9829, AUGUST 10, 1981 .640 Mayor Crocker reported that Councilman Heinsheimer has requested. that approval of,Demand No. 9829 in the amount of $130 for reimburse- ment to Mrs. Joan Saffo and Mrs. Jody Murdock for supplies purchased in connection with a party honoring the City Attorney be reviewed. Further, Councilman Heinsheimer advised the Mayor that it is his opinion that the payment should not be 'made from City funds, but that each,mem- ber of the Council should contribute t6 payment of the b"ill.jr since Mrs'. Saffo has declined to accept the City's check. Following discussion the Council agreed to contribute, and the Mayor ordered that Demand No. 9829, which has been returned, should be voided. REORGANIZATION OF COUNCIL 740 Mayor Crocker said that he has enjoyed serving as Mayor, and he wished to nominate Mayor Pro Tem Mason Rose to succeed him as Mayor of Rolling Hills. The nomination was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Pernell, Rose, Swanson, Crocker NOES: None ABSENT: Councilman Heinsheimer 63 August 24, 1981 Mayor Rose thanked Councilman Crocker for his service to the City during his term as Mayor, and thereafter he opened nominations for Mayor pro tem. Councilman Crocker nominated Councilman Pernell. The nomination was seconded by Councilwoman Swanson and carried by the fol- lowing roll call -vote: AYES: Councilmembers Crocker, Pernell, Swanson Mayor Rose NOES: None ABSENT: Councilman Heinsheimer FINANCIAL STATEMENT 767 The Financial Statement for July 1981 was approved and accepted as presented on a motion made by Councilman Crocker, seconded by Coun- cilwoman Swanson and carried by the following roll call vote: . AYES: Councilmembers Crocker, Pernell, Swanson 00 Mayor Rose O NOES: None m ABSENT: Councilman Heinsheimer m Q ALLOCATION OF CHARGES PAID.BY ROLLING HILLS COMMUNITY ASSOCIATION 810 The Manager said the City has a 20 year rental agreement with the Community Association for the tennis courts, and it cannot be changed to accommodate the 82% increase in rents for the City Hall, maintenance building and other properties. The City Treasurer said that when the Council discussed charges to.be paid by the Community Association for the various rentals it was agreed that the City would -consider it as a total, and make the allocations, so it is not a matter of charging more or less, but. it is a -matter of allocating the money in the City's records, since all monies are paid in one check from the Association. Mrs. Clifton said that the.ten year agreement for the riding ring rental at $100 per year expired last year and has not been re- written. The Manager said she wished to give all the information to Mr. Coughlan for a recommendation at the next meeting. The Mayor so ordered. Councilman Pernell said he agreed with Mr. Courtright that it is -a matter of allocation, not negotiation, and when there is a long-term commitment, the rest of the agreement has.to carry that balance. Councilman Crocker said he and Councilman Pernell had discussed the matter with representatives of the Board of Directors and it was agreed that the total rent is applicable to the total group of properties, and that the Council would not look favorably upon having certain properties no longer rented. Mayor Rose said that in the interest of maintaining the separation of City and Association he would be in favor of making the records available to Mr. Coughlan so that he could make a recommendation. Councilwoman Swanson said that although the Council has discussed the rentals, there has not been a specific motion approving the concept. Mr. Courtright said that the Council has approved the budget by a motion, and the rentals were part of the approved budget. Mr. Courtright said that if the Council.acted in accordance with the figures in the appraisal of properties made by Mr. Christy Petrofanis the income from rentals would be considerably higher, but instead the cost of living figure of 820 in the State of Cali- fornia was used across the board. Mayor Rose asked that the City Attorney review the records and make a recommendation at the next meeting. PAYMENT OF BILLS ' 902 Councilman Pernell moved that Demands No.. 9838 through -9862 in -2- 64 August 24, 1981 the amount of $12,610.09 be approved for payment from the General Fund. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose NOES: None ABSENT: Councilman Heinsheimer HEARING ON APPEAL OF FINDINGS, ATTACK BY DOG, WILLIAM DAVISSON 920 Mayor Rose opened a hearing on an appeal filed by Mr. and Mrs. William Davisson, 7 Blackwater Canyon Road, in connection with a complaint filed by Mrs. Dorothy House, 5 Blackwater Canyon Road against dogs owned by the Davissons, resulting in a -requirement that the dogs be kept confined or on a leash. Mrs. Valerie Davisson appeared and advised the'Council that the dog which was responsible for the problem has been removed from the City, and that another dog owned by the Davissons should not have been included in the complaint, since she was not responsible for the problems with Mrs. House's dog. The Manager advised the Council that a telephoned complaint was made by Dr. Michael Ishak, 8 Black- water Canyon Road, stating that the Davisson's female dog which was in heat was creating a nuisance by coming to the Ishak property.. Mrs. Davisson said she had discussed the problem with the Ishaks, advised them that her dog was no longer in heat and that the dog. would be confined at the appropriate time in the future. Mrs. Davis - son asked that the Council remove the restriction from Kristen, their female shepherd since Mogul, the male, has been removed from the City. Mr. Jim Brogdon, 5 Maverick Lane, asked whether the case involved a dog bite, and whether it involved another dog or a person. Mayor Rose explained that the complaint involved a dog nuisance complaint origin- ating because of harassment of one dog by another dog. The Mayor thereafter closed the public hearing. Following discussion Councilman Pernell moved that the Council uphold the appeal, release Kristin, the female shepherd from the requirement.that she be confined or on a leash, since removal of Mognl, the male, appears to have resolved the problem with Mrs. House's dog, but that the Davissons be required to confine the female when she is in heat. Mrs. Davisson agreed to the requirement.-- The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose NOES: None ABSENT: Councilman Heinsheimer FIRE AND FLOOD SELF INSURANCE FUND 1125 The City Treasurer said there was a question at the last meeting about the balance in the Fire and Flood Self -Insurance Fund in the 1981-82 Budget. Councilwoman Swanson said the Council questioned the allocation of $100,000 to the fund, since it was not anticipated that such an amount would be spent in the coming year. Mr. Courtright ex- plained that his recommendation, which was included in the Budget, was that the the allocation to the fund be the same as last year, when, $100,000 was spent, and $50,000 of that expenditure was reimbursed, resulting in a net expenditure of $50,.000 from the Fire and Flood Fund. Mr. Courtright said a transfer of funds from the General Fund to the Fire and Flood Fund of the same amount would maintain the Fire and Flood Self -Insurance Fund at the $40,000 level. Mr. Courtright said that in- asmuch as there is no way to anticipate how much will be needed from the fund in the coming year, he considered it prudent to anticipate expendi- tures of that magnitude, and if the Council wished to budget a net of $50,000 for the fiscal year, instead of $100,000 in the fund, to be reimbursed $50,000,.that would be all right also. -3- August 24, 1981 65:_ In further discussion Mr. Courtright explained that a transfer of funds was made to the Fire and Flood Insurance Fund in June 1981, and the beginning balance was approximately $40,000 on -July 1, 1981. The Budget for Fiscal 1981-82 calls for the transfer of $50,000 to the Fire and Flood Self Insurance Fund from the General Fund, and if no expenditure is made from the Fund, the balance at the end of the current. fiscal year would be $90,000. Mr. Courtright said that if the Council considers that an excessive balance in the Fund they can transfer funds back to the General Fund, but.his concept of the Fund is that it should.be built up to represent an insurance policy in the City to cover such unforseen expenditures as those in past occurrences, including a major fire, storm damage which was not reimbursed until the year following the expenditure, and the current landslide. Mr. Court— right said the allocation'of $40,000 to the Fire and Flood Self Insur- ance Fund was inadequate, and in his judgment, based on past experience that estimate was too low with regard to expenditures the City might have. if faced with a catastrophic event. Mr. Courtright said he does not consider a balance of $90,000 in the fund an excessive amount. Councilman Pernell said it is a matter of internal allocation, since .the .tax rate would not be affected. Councilman Crocker said it was 00 his understanding that the Fire and Flood Self -Insurance Fund was .a O restricted fund, and that the allocations to the fund would not be moved out of the.fund,,but would be held until needed for an emergency. mHe said he would be .willing to go with the higher amount because there probably will be higher expenses in connection with the landslide. m Councilman Pernell said $90,000 is not too much in such a fund for an Q emergency. Mr. Courtright said he wished to advise the Council that his recommendation to build up the fund is just that, and was not made in an.effort to balance the budget, which has been approved. ORDINANCE NO. 187 1279 Councilman Crocker moved that Ordinance No.. 187 entitled AN ORDI- NANCE OF THE CITY OF ROLLING HILLS PROVIDING FOR TEMPORARY RESIDENTIAL USES IN ACTIVE LANDSLIDE AREAS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE be adopted, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll.call vote: AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose NOES: None :ABSENT: Councilman Heinsheimer Councilwoman Swanson reported that she had sent a copy of the ordinance to Mr. and Mrs. Fred Partridge, 69 Portuguese Bend Road, at their request, because of concerns they had about the ordinance. Councilwoman.Swanson said that she also wrote a letter advising them that she thought.the Council took an appropriate acting in having the ordinance prepared for adoption. REQUEST FOR PROCLAMATION, CHERIE BENNETT,.3 EASTFIELD DRIVE 1294 Mrs. Cherie Bennett requested that the Council adopt a proclam- ation in recognition of the 200th Anniversary of the drafting of the Constitution on September 17, 1787. The Manager reported that she had advised Mrs. Bennett that the policy of the Council is to write. a letter of support rather than issue a proclamation. Mrs. Bennett urged that the City of Rolling Hills join other cities in the area by issuing a proclamation. Councilman Crocker explained that many -requests for proclamations are received and many of the causes are worthy; he said it would be difficult to determine what issues should be supported by proclamation, and the policy of supporting by letter was adopted because of this.. Councilman Pernell said he agreed with the established policy. Coun- cilwoman.Swanson said.she had explained.this to Mrs. Bennett, but had told her she would be welcome to appear before the Council and make a request for a proclamation. Councilman Crocker moved that a letter of recognition of the anni- versary of the drafting of the Constitution be sent to the National MEE August 24, 1981 Chairman of the Constitution Week Committee of.the National Society of the Daughters of the American Revolution. The motion was seconded by Mayor Rose, with a request that .a letter be drafted for his signature. The motion was carried unanimously. CLAIM AGAINST PUBLIC ENTITY, EDMOND R. DOAK, 56 PORTUGUESE BEND ROAD 1359 Mayor Rose advised that a claim in the amount of $1,400,000 has been filed by Edmond R. Doak, 56 Portuguese Bend Road in connection with the landslide in the Flying Triangle. Councilman Crocker moved that the claim be denied by the Council and forwarded to the insurance carrier. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose NOES: None ABSENT: Councilman Heinsheimer LETTER TO CAL-SURANCE RE: LANDSLIDE LITIGATION - 1375 The Manager. reported that on August 21, 1981 the City was served with a law suit in connection with the landslide. Copies of a letter dated August 24, 1981 to Cal-Surance Associates, forwarding the suit and advising that the City of Rolling Hills has employed Richards, Watson, Dreyfuss & Gershon as special legal counsel to advise the City concerning the landslide, were distributed. In the letter the Manager stated that the City of Rolling Hills strongly requests that Richards, Watson, Dreyfuss & Gershon be assigned defense of the lawsuit. Patrick Coughlan, City Attorney, requested that the Council recess to a brief litigation session before the meeting is adjourned. The Mayor agreed to do so. STUDY SESSIyON, PROPOSED REVISED ZONING ORDINANCE 1385 Copies of the proposed revised Zoning Ordinance, which were for- warded to the Council by the Planning Commission, were reviewed in a study session. Mrs. Jody Murdock, Chairman of the Planning Commission, advised that the draft copies of the ordinance were marked to define the changes. Following.the study session, during which minor changes were -made to the proposed ordinance, a public hearing on the ordinance was sched-_ uled for Monday, September 14 at 8:00 P.M. at the regular Council meeting. DRAINAGE REQUIREMENTS, TRACT NO. 37810, MANNY DAVID 2344 Mrs. Clifton circulated pictures of a drainage installation which has been done in connection with the subdivision of land by Mr. Manny David,.37 Crest Road East, 'consisting of a pipe arrangement put in by the Association to drain the trail from Eastfield Drive and the rock rip rap that has been placed in the canyon area along the trail as an offsite improvement by Mr. Douglas McHattie of South Bay Engineering. Mr. McHattie displayed a map of the tentative tract, and defined the area. to be drained for the Council. The Manager recommended that a set sum, approximately $2,000.00 be deposited with the City, to be kept until it has been determined after the next rainy season whether the drainage facility is adequate. Following discussion Councilman Pernell moved that the Council require deposit of an additional sum of $3,000.00 to assure the adequacy of the drainage design and improvements on Willow Spring Trail as recommended by staff. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose NOES: None ABSENT: Councilman Heinsheimer -5- August 24, 1981 In further discussion of the matter the Council agreed to accept the deposit in the form of a bond, to be held.for five years. CLAIM, NORTH AMERICAN VAN LINES 6'7 A letter dated August 18, 1981 from Frank J. Burgess, president of Burgess North American, enclosing a claim against the City of Rolling Hills for damages to.one of their units while loading, was presented to the Council. The Manager reported that the incident occurred on December 26,1980 when a moving van hit a tree on Crest Road, resulting in damage to the van, and damaging the tree to the extent that it was removed. On the advice of the City Attorney the claim was returned because of delay in filing. APPEAL OF PLANNING COMMISSION FEE, KEN VROOM, 26 MIDDLERIDGE LANE SO.- 2412 The Manager advised the Council that Mr. Ken Vroom, 26 Middleridge Lane, has requested that the $500 fee for an appearance before the Planning Commission be waived. Mrs. Clifton explained that a swimming pool built on the Vroom property has been constructed in the easement,. and a portion of the pool decking and the pool equipment are located on the Jack Rockwell easement at 32 Middleridge Lane South, according to a survey submitted by Mr. Rockwell. Mrs. Clifton said the matter has been presented to the Board of Directors of the Community Association and an agreement has been reached for removal of the pool equipment from the Rockwell easement, and for quitclaim of a portion of ,the easement. Mrs. Clifton said she has advised Mr. Vroom that when the matter has been cleared by the Community Association it will be necessary for him to appear before the Planning Commission to request the variance which is necessary to bring the property into conformance with the Zoning Ordinance. The Manager said the determination about whether a proposed improvement is in a legal location has traditionally occurred at.the Architectural Committee level, and she advised -that she has written a letter to Mr. Ivan Bullum, District Engineer in Lomita, requesting that effective immediately the Building Inspector of the Department of Build- ing and Safety be required to determine the accuracy of the location of all structures to be built as a result of the issuance of a building permit, and that the location be verified for the Inspector by a survey done by a licensed California surveyor. Mr. Vroom said he has been advised that it will be necessary for. him to request a variance of side yard requirements. He said he has acted in good faith in complying with the requirements of the Community Association and Los Angeles County, and if he had known that the pool was not in a legal location he might have located it elsewhere. In response to questions by the Council, Mr. Vroom said there -is a 26' error in the pool location, and it is his opinion that the Association is feeling some responsibility for letting the matter get to this point with a very expensive solution required, and he asked that the fee to make application to the Planning Commission for a variance be waived. Following discussion members of the Council agreed that it is the responsibility. of the applicant to determine the correct location for a proposed improvement, and since staff time and legal notice require- ments in connection with.a public hearing will be necessary, the recom- mendation by the City Manager that the fee not be waived.was accepted by the Council. DOUGLAS E. MORAN, INC. ENGINEERING GEOLOGY, CHARGES FOR.SERVICES 138/-z Copies of a letter dated July 29, 1981 from Douglas E. Moran, Engineering Geology, were distributed to the Council. Mr. Moran advised that he was retained by the owners of four residential properties in the Flying Triangle, Mr. Lloyd Mokler, Dr..Larry David, Mr. Robert.Shifman and Mr. Robert Barth, and as a result of the involvement with the landslide area, his firm was asked to participate in a discussion of the slide and means by which it might be stabilized which took place on March 3, 1981.at the City Hall. Mr. Moran said participation in the discussion and preparation of a letter_ requested by the City were provided with the permission of his clients, but the charges for the services have not been paid. He explained that the am - 68 August 24, 1981 accrued amount of $929.50 represents participation in the meeting and preparation of a written statement of opinion regarding the probable impact of further investigation of the slide which was proposed by the County, and he asked that the charge for the professional services be paid. In discussing the matter the Council agreed that persons who attended the meeting did so at the invitation of the City, and since Mr. Moran was invited, not hired, the City was not responsible for the charges accrued. The Manager was directed to so advise Mr. Moran. DRAINAGE, FLYING TRIANGLE 240 The Manager reported that considerable amounts of soil in the Flying Triangle were disturbed in connection with tests made in the landslide area, and there is concern about the drainage in the Klon- dike Canyon in the vicinity of the Dessy property at 4 Pinto Road. Councilman Crocker said the soil could not be recompacted, but when the storm season arrives there could be blockage of the drain', and it has been estimated that it will cost $12,000 to $15,000 to enlarge an existing drain to 42". Mrs. Clifton reported that she had made a field inspection of the site with Mr. Mokler and Councilman Pernell, and she recommended that the Council work with the Association on the problem, explaining that.the Council would probably be required to pay 1/3 of the cost. Mayor Rose asked if the City would suffer any exposure which it does not now have. The City Attorney said it was his opinion that . there would not be a problem, so long as the grading is remedial,.and not new construction. Mayor Rose requested that the Manager explore the matter, deter- mine whether the property owners are going to participate with the Association and City in paying for the remedial work, and he ordered the matter placed on the next agenda. Further, the Mayor said it may be necessary for the Council to make a field trip to the site before making a final decision in the matter. CITY OF DALY CITY RE: INVESTMENT POLICY OF PERS 300/2 A letter dated August 3, 1981 from Albert M. Teglia, Mayor of Daly City, was presented to the -Council. Mr. Teglia advised that a resolution regarding the investment policy of the California Public Employees Retirement System (PERS).will be introduced at the annual League of California:Cities Conference in San Francisco in October, ane he requested that the City Council authorize the City's voting delegate to support the resolution. The letter was received for the file. LEAGUE OF CALIFORNIA CITIES, DESIGNATION OF VOTING DELEGATE 315 Councilman Crocker moved that Councilwoman Swanson be designated voting delegate for the City of Rolling Hills at the League's Annual Conference. The motion was seconded by Mayor Rose and carried unani- mously. CONSIDERATION OF CONTRIBUTION IN RECOGNIT'ION' OF PERRY EHLIG'S SERVICES Councilman Crocker requested that his suggestion that the Council consider making a contribution to a scholarship fund in recognition and appreciation of services volunteered to the City by Dr. Perry Ehlig-be scheduled for discussion at the next meeting. Mayor Rose so ordered. REQUEST TO RETAIN PLANNER IN CONNECTION WITH DRAFTING HOUSING ELEMENT 327 The Manager advised the Council that the City is required to.pre- pare a housing element for the General Plan, and she recommended that Miss.May Wong, a specialist in drafting elements, be retained by the. City. Mrs. Clifton explained that Miss Wong previously worked for the Department of Regional Planning, and has left to take another position, but would be available in the interim to prepare the draft element. A -7- August 24, 1981 71 copy of Miss Wong's resume was presented. Councilman Pernell moved that Miss Wong be hired to prepare the draft housing element at a cost not to exceed $1.,000: The motion was seconded by Councilman Crocker and carried by the following roll call. vote: AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose NOES: None ABSENT: Councilman Heinsheimer SALE OF FIREWORKS 370 The Manager presented a copy of a mailgram sent by her to Assembly- man Gerald Felando in Sacramento urging that he oppose legislation which would remove city authority to ban the sale of fireworks wit:.hinn the city.. The Council authorized the Manager to continue .to pursue the matter of: preemption of local authority prohibiting sale of fireworks EXECUTIVE SESSION 383 00 O Mayor Rose recessed the meeting to an Executive Session. at 11:25 PM T -J at the request of the City Attorney. m MEETING RECONVENED m Q The meeting was reconvened at 11:40 P.M. Councilman Crocker moved that the City retain the firm of Richards, Watson, Dreyfuss & Gershon to defend the City in the litigation filed in connection with the land_ slide. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell,, Swanson, Mayor Rose NOES: None ABSENT: Councilman Heinsheimer. SOUTH BAY JUVENILE DIVERSION PROJECT 41.0 Councilwoman .Swanson advised the Council that she has submitted a letter dated August 24, 1981 from South Bay Juvenile Diversion Pro- ject to the Manager, with a request that payment of the City's share be made. Councilwoman Swanson said the City's share of the hard match in the calendar year 1981 is $23.54. The Manager said the al.locati.on has already been approved, and will be included in the next li-st of Demands presented to the Council. SWING JOINTS, ABOVE GROUND WATER INSTALLATION 412 Mrs. Clifton reported that she talked with Mr. Nollenberger of California Water Service Company before the meeting and he advised that re-routing of the above ground installation of waterlines to the easement between the Mokler and Weber properties has been sent to the corporate office in San Jose for review. The Manager said the installation will be considerably more expensive because it will entail removal of other lines; Mr. Nollenberger has said that he will keep the Manager advised in the matter. CONSIDERATION OF CHANGE OF COUNCIL MEETING DATE 432 The City Attorney advised the Council that he will not be able to attend all Council meetings on the second and fourth Monday, and if they wish to have -him all all meetings, rather than a substitute, he would be available on a regular basis on the first and third Monday evenings. Other members of the Council said that might be a more convenient schedule for them. Mayor Rose asked that consider- ation of a change of regular meeting dates be placed on the next agenda. ADJOURNMENT The Mayor adjourned the meeting at 1.1:45 P.M. APPROVED: -8- City Clerk Mayor,