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10/26/1981 �� MINUTES OF A � REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA October 26, 1981 A regular meeting of the City Council of the City of Rol].ing Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by n4ayor Rose at 7 : 30 P.M, DZonday, October 26, 1981 . ROLL CALL PRESENTe Councilmembers Crocker, Heinsheimer, Pernell , Swanson P4ayor Rose � ABSENT. Teena Clifton, City Manager ALSO PRESENT: Patrick Coughlan City Attorney L. D. Courtright City Treasurer June Cunningham Deputy City Clerk R,ichard Anderson Planning Advisor . May� `Uong Hui Planning Consultant Jud�e Donner League of Svomen Voters APPROVAL OF MINUTES 1550 The minutes of the meeting on October 12, 1981 were approved and accepted as amended on a motion made by Counci7_man Heinsheimer, seconded by Councilman Crcckex° and carried by the followi�lg ��oll call voi:e: AYES : Councilmembers Crocke�, Heinsheimer, Swanson Mayor Rose NOES : None - ABSENT: None ABSTAINED: Councilman Pernell FINANCIAL STATEr4EiVT The Financial Stat�;ment for September 1981 was approved and accepted on a motion made by Councilman Crocker, seconded b,y Council- mGn Pernell and carried by the following roll call vote: AYES : Councilmembers Crocker, Heinsheimer , Pernell , Swanson Mayor Rose NOES: None ABSENT; None In discussing the Financial Statement9 i�he City Treasurer said aIl costs foN litigation in connection with the Flying Triangle landslide � should be charged to the Fire and Flood Self-Insurance Fund, and not to Litigation. Mayor Rose said it was his understanding that the fund was for payment of investigation with regard to the landslide. Councilman Crocker said it is the intent of the Council to build up the fund as a reserve for, emergencies , and if litigation expenses ar�� paid from the fund the reserve will not be available in an emergency situation . P4r, Courtright said his understanding was that all expenses in connection with a specific problem would be paid from the fund. Councilman Pernell asked if there was a need to separate all costs in connection with the landslide from other items in the budget . Mr. Courtright said he thinks they should be separated, and he explained that there are other adminis- trative charges built into the budget , specifically in connection with the refuse collection fees. Councilman Pernell said he agreed with Councilman Crocker that the Fire and Flood Self-Insurance Fund should be kept for emergencies , and that oth.er costs that continue as a result of the original problem should not necessarily be paid from the fund. Mayor Rose suggested that Landslide Litigation be made a line item in the Budget . Mr. Courtright" said that could be done, and he said he 8'7 October 26, 1981 has raised the issue because of a question he has about whether a significant litigation expense in connection with the landslide could be considered a normal expense of running a City government . Coun- cilman Pernell said he agreed that a separate account would solve the identification problem, r7r. Courtright said there isn ' t a real dif- ference between engineer' s services in connection with the landslide and attorney' s services in connection with the. slide, h4ayor Rose said the engineers were hired in an emergency situation; since it appears attorneys may be required in a continuing mode, it might be advisable to set up a special litigation accoun�: for those costs . Mr. Courtright said he would have no problem with. that definition , but he wishes to be certain that if there is a major litigation ex- pense a pr.ecedent is not set , in view of Proposition 13; he explained that if it were not for the requirements of Propos_ii;ion 13 the Cii;y would have to raise property taxes to meet the expense. POL I CY RE:. APPO I NTMENT TO BOARDS , C011�1b7I SS I OPdS AND COMM I TTEE S & COUNC I L 17 3'7 Councilwoman Swanson reported that she had consoTidated the com- ments made at the last meeting. and had revised the proposed policy to � be adopted with regard to Appointment to Boards, Commissions and 0 Committees and had added a reference with regard �o appointment to � the City Council . m Councilman Crocker asked that the following requirement be included � as No. 4 of the section regarding Notification o� Vacancy : "Applicant Q shall be advised of the provisions of Proposition 9 , and may be requested. to furnish applicable information as part of i;he in�;erview. " Other • minor changes were made with regard to notification of the vacancy, including elimination of No. 3, and substituting Councilman Crocker' s. recommendation regarding disclosure as No. 3. Following the discussion Councilwoman Swa:�son moved that the Policy be adopted as amended. The motion was seconded by Councilman Crocker and carried by the following roll call vote : _ AYES : Councilmembers Crocker, Heinsheimer, Pernell , Swanson Mayor Rose NOES : None � ABSENT: None IiOUSING ELEh�ENT T0 CITY'S GENERAL PLAN 1812 � Mr. RicYiard Anderson, Planning Advisor, advised the Council tha�; he had reviewed the comments made at the �last Council meeting regard- ing the Housing Element to the City's General Plan, and had prepared a section to be inserted in the Element ; which includes a se�: of lin�it- ing factors and addresses the concerns expressed at the meeting. �4ay Wong Hui spoke to the Council and outlined the basis for the state- ments> contained in the Element . Mr. Anderson said he considers the style and tone of the Element appropriate for submittal by the City to Sacramento , During discussion of the revisions prepared by Mr. Anderson and Mrs. Hui additional minor changes were made. Following the discussion the Housing Element was adopted as amended on a motion made by Councilman Crocker, seconded by Counc 'ilman ° Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None SANITARY SEWER AGREEi:1ENT, CHACKSFIELD-N.-iERIT HOII�ES, _TRACT 33871 . 1968 � Mayor Rose ordered the matter held on the agenda -2- .. - �g October 26, 198I OPENING OF REVISED SEALED BIDS 1971 The City Attorney reported that the revised sealed bids for ne�v carpet for the City Hall in areas presently carpeted, with t'Me addition of the office of the Deputy City Clerk; hard surface flooring for rear entry, machine room, restrooms, kitchen, etc. and top set base for the entire building had been opened, and the bids submitted were as follows: NOW Carpets $4,878 Don' s Floors 5, 040 Fascinatin' Foibles 5, 317. 72 (including sales tax) South Bay Floors 5,530 Mr. Coughlan said the City is not subject to sales tax, but even discounting the sales tax, the bid submitted by Fascinatin' Foibles is not the low. bid. It was his recommendation that the bid be awarded to NO�V Carpets, subject to submittal of the State Contractor' s Lic�nse which was omitted from the bid. In the event that license number can not be furnished, the bid should be awarded to the second low bidder, Don 's Floors, and the other bids should be rejected, r4r. Coughlan said. Councilman Crocker moved that the City Attorney' s recor.unendations be approved. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote : AYES : Councilmembers Crocker, Heinsheimer, Pernell , S�vanson . Mayor Rose NOES : None � • " ABSENT: None SOUTH BAY CAREER CRIMINAL APPREHENSION PROGR.Ab2 1991 In a letter dated October 20, 1981 Lt . Benjamin Hatfield, Com- mander of the Sheriff 's Lomita Station, recommended that the City continue support of the South Bay C-Cap Program. In a letter dated June 9 , 1981 from the City of Redondo Beach, the Project Director � advised that the City 's assessment is $1 ,273 .95. A motion supporting the program and approving payment of the assessment was made by CounciTwoman Swanon, seconded by Councilman Crocker and carried by the following roll call vote : AYES : Councilmembers Crocker, Heinsheimer, Pernell , Swanson Mayor ftose NOES : None ABSENT: None � PAYT.QENT OF BILLS 2008 Councilman Crocker moved that Demands No. 9933 through 9964 and 9968 through 9980 be approved for payment in the ar:�ount of $16, 587.63 from the General Fund, and that Demands No. 9965, 9966 and 9967 in the amount of $464.84 be approved for payment from the Fire and Flood Self Insurance Fund. The motion was seconded by Councilman Pernell and carried by the following roll call vote : - AYES : Councilmembers Crocker, Heinsheimer, Pernell , S�vanson Mayor Rose NOES : None ABSENT: None RECOVERY OF PAYMENT TO ANIMAL CONTROL : Councilwoman Swanson asked that staff be requested to attempt to recover charges by Animal Control for boarding animals , because of continuing charges to the City, 'stating that she thought the owner of the animal should be contacted and asked to reimburse the City. -3- �9 October 12, 1981 Bend Road was presented to the Council , The �4anager explained that a service cable was broken during the geological exporation at the rear of the. James Evans property, and was repaired by the City and Southern California Edison Company , A motion t.o approve the elaim for damage was made by Councilwoman Swanson , seconded by Councilman Crocker and carried by the following roll call vote : AYES : Councilmembers Crocker, Heinsheimer , Swanson, P,4ayor Rose NOES : None ABSENT: Councilman Pernell � SANITARY SEW�R AGREEMENT, CHACKSFIELD-MERIT HOhsES , TRAGT 33871 1042 An agreement between the City of Rolling Hills and the Cii�y of Rancho Palos Verdes providing for tie-in to the Rancho Palos Verdes sewer system to provide a sewer system for lots 1 , 2,:.3, ? and 8 of � Tract 338Z1 in the City. of Rolling Hills was presented to the Council._ O In a letter dated September 23, 1981 Mr. Patrick Coughlan advised 1;he � Director of Public Works in Rancho Palos Verdes that he .had reviewed the agreement and found it acceptable as to �form. Councilman Crocker moved that the agreement be approved by the City Council . m Q In discussing the matter it was noted that onl,y �i.ve lots in the eight lot subdivision were called out , and that the agreement s�;a1;�d that all char.ges in connection with the sewer system peri:aining to the portion of the sewer system connected to the Rancho Palos Verdes sewer system will be paid by Rolling Hills; further, that the number of dwell- ings using the sewer service shall not be increased over five without prior approval of R.ancho Palos Verdes, Mr. Coughlan advised that. the . basic agreement is for tie-in of a new sewer syster:� in R.olling Hill.s into an existing system in Rancho Palos Verdes, and specific items could be agree.d between the developer and Rancho Palos Verdes . Mr . Douglas McHattie, engineer for the developer , advised that the owner � of the tract will bond with Rolling Hills for aIl construction costs necessary to make the connection. Councilwoman Swanson seconded the motion made by Councilman Crocker. Mayor Rose suggested that the mo- . tion �e a:merided to �reflect the discussion of the . Council . Mr. Coughl.an said the intent of the motion, was to approve an agreement between the City of Rolling Hills and Rancho Palos Verdes for connection of a new sewer system in Rolling Hills to an existing sewer system in Rancho - Palos Verdes, and specifics should be covered in a. separate agreement : between the developer and Rancho Palos Verdes . Councilman Heinsheimer said it was his opinion that the matter should be held on: the agenda , until. all particulars have been agreed on, since the agr�emeni; states that construction costs , maintenance, repair, and possible future charges shal.l be paid by Rolling Hills, and since the homes will be sold, responsibility for payment should be clarified. Following discussion the Council agreed that the matter should be studied by staff , and a recommendation should be .made to the Council at .a future meeting. Mayor Rose so ordered, and the matter was held on the agenda. HOUSING ELEb4ENT TO THE. CITY'S GENERAL PLAN 1224 � In a memo dated October 7 , 1981 , Jody b4urdock, Chairman of the Environmental Quality Board and the Planning Commission , advised the. Council that the Environmental Quality Board reviewed the Housing Element to the General Plan , which is mandated by State law, and adopted a Negative Declaration on September 28. The Plannirig Com- mission held a public hearing on the Housing Element on September` 29, and the Element was .approved. Both documents, which were prepared by .staff of Regional Planning Commission for the City , were forwarded to the Council with a recommendation that they be approved and adopted. Councilman Crocker said he had some concerns about certain items which he felt should have been included in the Housing Element . The Housing Element was referred back to Planning Staff �vith a request that the concerns expressed by Councilman Crocker be addressed. -3- ' - �� October 12 , 1981 DISPOSAL OF SURPLUS PROPERTY 1348 The Manager reported that the City has certain items tvhich are no longer used, and she wishes to have permission to dispose of them as surplus property. She asked that the matter be held on the agenda � until a list of stored items is prepared. The Mayor so ordered. RECOGNITION OF COUNTY ENGINEERING INSPECTOR 1350 Mrs. Clifton advised the Council that County Engineering Inspector William Magill has worked in the local .Count� Engineer'.s office for nearly 26 years, and over the years has given valuable service to the City and the residentso The Manager said that Mr. Magill is an inspec- tor of great personal integrity, and she asked that the Council consider � giving him a plaque .with a brass pTate appropriately inscribed, �in re- � cognition of his service to the communityo � Councilwoman Swanson moved that the h4anager 's request be approved. The motion was seconded by Councilman Croc�er and carried by the � following roll call vote: AYES: Councilmembers Crocker. , Heinsheimer ; Swanson, _Mayor ftose NOES : None ABSENT: Councilman Pernell DEPARTb�ENT OF COMb4UNITY DEVELOPMENT 1352 Copies of a letter dated September 22 , 1981 from the County of Los Angeles Department of Community Development , inviting partici= pation in the Communit� Deveiopment Block Grant Program, July 1, 1982 through June 30, 1985, and advising that the City' s annual share far t.he next three fiscal years is $12 ,284 , and excerpts from a letter dated August 21 , 1981 from the City- of Lomita, asking that Rolling Hills- cont�nue to work with Lomita on meeting the low income housing - needs of the Lomita and Palos Verdes area were distributed to the - . Cour�cil . Upon adyice from the City Attorney that the funds , if accepted, . could be allocated to Lomita, Councilman Crocker moved that the Manager take the necessary steps to apply for the .funds, designating that they be allocated to Lomita for lo�v income housing. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote : AYES : - Councilmembers Crocker:, He:insheime.r, Swanson, r,4ayor Rose NOES : None ABSENT: Councilman Pernell ORDINANCE NO. 189 1383 . Councilman Heinsheimer moved that Ordinance No , 189, entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE • LOS ANGELES COUNTY BUILDING CODE, 1981 EDITION, AND THE LOS ANGELES COUNTY PLUR�BfiNG -CODE, 1981 EDITION, AND �,I17ENDING THE ROLLING HILLS MUNICIPAL CODE be adopted, and that r.eading in full be waived. The motion was seconded by Councilman Crocker and carried by the follow- ing roll call vote.: AYES: Councilmembers Crock'er, Heinsheimer , Swanson ; Niayor Rose NOES: None ABSENT: Councilman Pernell � CONTRIBUTION IN RECOGNITION OF SERVICES VOLUNTEERED BY DR, EHLIG � The Manager reported that she had advised Dr. Perry Ehlig that the Council wished to make a �ontribution to a scholarship fund in -4- 91 October 26 , 1981 EXPLORATION TRENCHES AND ESCAVATIONS IN KLONDIKE CANYON 2054 Mayor Rose asked if there was comment regarding the following communications : a letter dated October 13 , 1981 from William Kinley, legal counsel for the Rolling Hills Community Association to n�ichael Jenkins , City Attorney, regarding a request from Mr, and Mrs. James Evans , 62 Portuguese Bend Road, that work on their property be com- pleted and that the excavations and trenches which were excavated by the City to determine the extent of the slide area be refilled and recompacted to their original state; a letter dated October 16 , 1981 from Mr . Jenkins to Mr. Kinley adv�sing that the City r.�anager is ob- taining estimates for Hydro-seeding of the area; a letter dated October 20, 1981 from Teena Clifton, City Manager, tb David King, attorney for Mr, and Mrs . Evans, enclosing informatiori on hydro- seeding supplied by Mr. . J. . E. McWhorter of Sta-Soil Corporation . Mrs . Cunningham advised the Council that Mrs. Evans asked that the C.ouncil be informed that r.4r. Evan.s is out of town and Mrs. Evans is ill ,. so they were unable to attend the meeting, but they request � that no further action be taken with regard to hydro-seeding, since Othey oppose the proposal , and wish to address the Council in the matter. � m Mayor Rose asked that Mrs. Evans be advised that based on her m action that no action be taken at this meeting the matter has been a held on the agenda; that the Council continues to be concerned about tY:e impending rainy season, and that if the area is to be re-seedPd .it should be done as soon as possible. Mr. Coughlan said tha�; i� - Mr , and Mrs. Evans have an objection to hydro-seeding, they should be requested to propose and alternate plan, and further they should be advised that the Council wishes to act at the next meeting. MARTIN & CHAPMAN, ELECTION SUPPLIERS. 2103 In a letter dated October 12 , 1981 from 114artin P� Chapman Co . , the City wr�s' advised that Governor Brown signed Senate Bill No. 230 into law, and since the bill was declared urgency , it takes effect immediately. Senate Bi11 No. 230 authorizes a city to hold its general muni- cipal election on the .same day as the statewide direct primary election (June, even numbered years) , . the day of the statewide general election (November, even numbered years) , or the day of school district elections (November, odd numbered years) if the Council enacts an ordinance w.hich requires its general municipal election to be held on one of those three days instead of on the second Tuesday of April of even numbered years. An ordinance adopted ursuant to the law _shall become operative upon the approval of the Board of Supervisors. In discussing the matter the Council asked that records be re- searched to determine the voter turn-out for municipal , primary and general elections . With the concurrence of the Council no action was t.aken which would affect the municipal election in April , 1982 ._ CONSIDERATION OF CONTRIBUTION IN RECOGNITION OF SERVICE, DR. EHLIG 2114 Councilman Crocker moved that a contribution in the amount of $5 ,000 be made to the Robert Stone Fellowship in care of California Sta�e University, Los Angeles , University Development Office, 5151. State University Drive, L,os Angeles , California 90032 , in app.reciation of services volunteered to the City by Dr. Perry Ehlig in connection with the Klondike Canyon landslide. Councilman Pernell seconded the motion . Councilwoman Swanson offered a substitute motion that the contribution be in the amount of $2 ,000. The substitute motion died for lack of a second. � The motion to contr_ibute $5 ,000 cyas carried by the following roll call vote : AYES : Councilmembers Crocker , Heinsheimer, Pernell , Mayor Rose NOES : None . ABSENT : None ABSTAINED : Councilwoman Swanson -4- ;t._ --�_ ,�, - ;;.�: �:: .,» �° 9 9" � g2 October 26 ,. 198I RECO�II�SEIvTD9TI0PJ OI' TRAFFIC COIv114ISSI0N' 2123 Councilwoman Swanson , Chairman of the Traffic Commission , advised that at a meeting on October 6 , 1981 the Commission voted to deny a request for a stop sign on Chesterfield Road at Chuckwagon Road. An excerpt of the minutes was presented to the Council . No action was taken in the matter. REPORT, LEAGUE OF CALIFORNIA CITIES 83rd ANNUAL CONFERENCE 2126 Councilwoman Swanson reported on her attendance at the League of California Cities 83rd Annual Conference in San Francisco, where discussions were held about affordable housing, fire�vorks, imple- mentation of legislation regarding mobile homes, earthquake prepared- ness, among other topicse LITIGATIOi� SESSION hiayor Rose recessed the meeting to a Litigation Session at 9 : 10 PM. The meeting was reconvened, and Mayor Rose announced that the Council had reviewed and discussed a letter dated October 20, 1981 from Dr. Perry Ehlig, giving an update on the active Flying Triangle landslide. The biayor reported that the Council had directed that the letter be delivered by messenger to Arthur Keene, County Engineering Geologist , with a cover letter asking that he respond to the contents in writing prior to the next Council meeting on November 9; that a copy of the letter be sent to each resident in the active slide area, and that additional copies be made available to anyone who requests a copy; . and that a copy be sent to each member of the Board of Directors of the Rolling Hi11s Community As�ociation and the Association r�anager. The Mayor said the Council will consider a proposed Urgency Ordinance at the next meeting to deal with the recommendations made by Dr. Ehlig, and the Council directed that residents be advis�d in the Newsletter that action concerning the recommendations will be taken at the meet- ing on November 9. ADJOURNIviENT 2200 Mayor Rose adjourned the meeting at 9 :30 P.M. City Clerk APPROVED: Mayor -5-