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
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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
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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.
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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.
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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
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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
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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
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