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12/14/1981100 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA December 14, 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 Rose at 7:30 P.M. Monday, December 14, 1981. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmen Crocker, Heinsheimer, Pernell,- Mayor Councilwoman Swanson Teena Clifton Michael Jenkins L. D. Courtright June Cunningham William Magill Dr. & Mrs. R. Becker Mrs. S. Ormsby APPROVAL OF MINUTES 845 City Manager City Attorney City Treasurer Deputy City Clerk L. A. County Inspector Residents Resident Ros The minutes of the meeting on November 23, 1981 were approved and accepted as corrected on a motion made by Councilman Pernell, seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Rose NOES: None ABSENT: Councilwoman Swanson FINANCIAL STATEMENT The Financial Statement for November 1981 was approved and accepted as presented on a motion made by Councilman Crocker, seconded by Council- man Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Rose NOES: None ABSENT: Councilwoman Swanson PAYMENT OF BILLS Councilman Crocker moved that Demands No. 10051 through 10056,_ 10058 through 10087, 10090 through 10094, 10096 and 10097 in the amount of $82,204.23 be paid from the General Fund; that Demand No. 10057 in the amount of $192.14 be paid from the Fire and Flood Self - Insurance Fund, and that Demands No. 10050, 10088, 10089 and 10095 be voided. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Ros NOES: None ABSENT: Councilwoman Swanson The City Manager presented an itemized bill in the amount of $453.18 from May Wong Hui for services in connection with preparation of the Housing Element to the General Plan for the City. Mrs. Clifton explained that the bill was submitted at the meeting, after the list of demands was prepared, and she said there would not be another meet- ing of the Council until January 11, 1982. With the concurrence of the Council Councilman Crocker moved'that payment of the bill be approved and a check be prepared for signature. The motion was seconded by Councilman Pernell and carried by the fol- lowing roll call vote: December 14, 1981 AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Rose NOES: None ABSENT: Councilwoman Swanson RECOGNITION OF L.A. COUNTY SR. BUILDING ENGINEERING INSPECTOR WM. MAGILL 1016 . Mayor Rose said that on behalf of the City Council he wished to present a plaque- of the City seal with an engraved marker to Mr. William Magill, senior building engineering inspector for Los Angeles County, who recently marked twenty five years service with the -County. Mrs. Clifton advised the Council that Mr. Magill is an exceptional employee who is able to balance his employment by the County with his service to the City of Rolling Hills in a very professional manner, and he responds immediately to any request made by the City. Mr. Magill thanked Mayor Rose and the Council for the plaque, and he said he considered himself fortunate to have been in the. right place at.the right time in his career when he was assigned to'the Rolling Hills area, stating that he has experienced complete cooperation from the staff in the performance of his duties, and he said his pleasant working re- lationship with the City, and especially with Mrs. Clifton has made his job easier and more pleasant than it might have been. At the Mayor's invitation, Mr. Magill stayed for the Council meeting. SANITARY SEWER AGREEMENT, CHACKSFIELD-MERIT HOMES, TRACT 33871 1060 The Manager presented two agreements pertaining to the sewer connection of five lots in the City of Rolling Hills to the sewers in the City of Rancho Palos Verdes as a condition of approval of Tentative Tract 33871, Chacksfield-Merit Homes. Mrs. Clifton said a copy of Resolution No. 470 granting consent and jurisdiction to the County of.Los Angeles for the inclusion of certain territory of the City, Tract 33871, within a County Sewer Maintenance District,was given to.the City Attorney; who prepared the agreements. Michael Jenkins, City Attorney, explained that there is an agree- ment between the City of Rolling Hills and the City of Rancho Palos Verdes, and an agreement between the developer and the City of Rolling Hills. He explained that the purpose of the second agreement is to insure that the City of Rolling Hills will not become responsible for sewer maintenance charges, which are to be paid by the developer and his successors, the subsequent owners of the property.. Councilman Heinsheimer asked who would be required to pay the hook up charges. Mr. Jenkins said that was the responsibility of the developer, and he said he would amend the agreement to so specify. The Manager said the sewer trunk line has been developed to accommodate additional hook ups in the future. Mr. Jenkins explained that the agreements before the Council apply to only five lots in Tract 33871, and additional agreements would have to be drawn up for any future hook up to the trunk line. Councilman Crocker moved that the two agreements, amended to include the requirement for payment of hook up charges by the devel- oper, be approved. The motion was seconded by Councilman.Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Rose NOES: None ABSENT: Councilwoman Swanson EXPLORATION TRENCHES AND EXCAVATIONS IN KLONDIKE CANYON 1144 Copies of a letter dated December 3, 1981 from Mr. and Mrs. James Evans, 62 Portuguese Bend Road, giving permission to come onto their property for the purpose of doing corrective work were distributed to the Council. Mrs. Clifton reported that the hydro- -2- December 14, 1981 seeding has been done, and she will be talking to Mr. and Mrs. Evans about a program for sprinkling to keep the ground moist to ensure that the seed will germinate. Mrs. Clifton said Mr. Herb Agid has agreed to take some photographs of the area from across the canyon, using a telephoto lens. KLONDIKE CANYON LANDSLIDE, FLYING TRIANGLE 1175 Mrs. Clifton reported that following the City Council meeting on November 23, she met with representatives of the County Drainage Division and County Engineering Geologists to discuss the subjects which had been addressed and the information requested. A memorandum to the Council from the Manager relaying information provided at the meeting was presented to the Council. JOINT CONSTRUCTION AGREEMENT, PINTO ROAD DRAIN 1180 The Manager presented a Joint Construction Agreement between the Rolling Hills Community Association, the City of Rolling Hills, and Ronald J. Dessy and Frederick W and Mariam D. Hartwig, owners of property on Pinto Road, prepared by William Kinley, Attorney. Mrs. Clifton reported that the plan prepared by South Bay Engin- eering Corporation has been approved, and she said it appears that the breakdown of costs will be approximately $15,000,.with an additional cost of approximately $895 for engineering, with the Association, the City and the owners each paying one third of the cost. Councilman Crocker said that on Page 5 of the Agreement, Para-, graph 4 states that the Association shall have .the sole authority and discretion to deal with all matters and questions in connection with said construction contract; Paragraph 5, second gecond sentence -states: "This agreement shall be construed and deemed to be a joint venture---" Councilman Crocker said the statements are contradictory, and he wishes a clarification to show that the City is making a donation and does not wish to participate.in a joint venture, since the Association has the sole responsibility to see that it is done properly. Following discussion Councilman Crocker moved that the agreement be approved, subject to incorporation of his comments as stated. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Rose NOES: None ABSENT: Councilwoman Swanson LIABILITY INSURANCE 1250 Mrs. Clifton advised the Council that at the direction of the City Council she had advised the Association Manager of the Council's request to be named as an additional insured on the Association's liability policy; however, it appears from memos from the Association Manager dated November 30, 1981 and December 10, 1981, that the request was misinterpreted to mean that the Council had requested that the City be added to the Association's policy, with their carrier. The Manager was directed:to advise the Association that --the Council wishes to have the City,of,Rollingr�Hills named as a.n.additional insured with respect to all leased properties including the administration::and maintenance buildings, and to report to the Council at the next meeting. Mrs.'Clifton said the City's carrier recommended that the City be named as an additional insured on the Association's policy with respect to liability arising out of all operations regarding the Rolling Hills Community Association, Los Caballeros, the Rolling Hills Women's Club and the Rolling Hills Tennis Club. -3- • 0• il December 15, 1981 JOINT MEETING 1349 103 Mayor Rose suggested that a.joint meeting between members of the Board of Directors of the Rolling Hills Community Association and the City Council be held as soon as practicable after election of the new officers. DEPT. OF COUNTY ENGINEER -FACILITIES, PERMIT ISSUING FEES 1391 In a letter dated December 1, 1981 Delon Gobdwin, District Engin- eering Associate, Building and Safety, advised the Manager that adoption of Ordinance No. 162 Adopting the County's Building and Plumbing Codes by reference, and lack of action regarding the County's Mechanical and Electric Codes have resulted in confusion -with regard to the fees charged. Mr. Goodwin recommended that the Mechanical and Electrical.,Codes be adop- ted, and that Ordinance No. 162 be amended..by deleting:,reference._tocan issuing fee.' The City Attorney was requested to prepare the ordinances for consideration at the next meeting. EXTENSION OF WATER SYSTEM AGREEMENT, TRACT 30345, GREENHUT 1400 In a letter dated November 19, 1981 the County Engineer advised that when Tract 30345 was filed on December 2, 1977 by Dr. Jerry Greenhut, the subdivider entered into a contract with the City to construct a water system within 24 months from the date of filing. The term of the contract was extended until December 1, 1981, and the work has not.been completed. The Engineer recommended that the Council determine that the work done by the subdivider pursuant to a contract with the City is incomplete,. and that an extension of time is necessary, and that the Council declare that the agreement sub- mitted with a cash deposit by Dr. Greenhut in lieu of a water system bond be extended until December 1, 1982. Mrs. Clifton reported that she had discussed the matter with Dr. Greenhut, Chuck Nollenberger of California Water Service Company and the County Engineer, and it was determined that the contract should be extended. She said an additional deposit has been made in the cash account for.the water system, and.additional.costs will be deter- mined by California Water Service Company. A motion to approve extension of the contract to December.l, 1982 was made by Councilman Heinsheimer, seconded by Councilman Pernell and carried by the.following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor. Rose NOES: None ABSENT: Councilwoman Swanson ORDINANCE NO. 190 . 1410 The Manager reported that the proposed ordinance providing for abatement of nuisances was sent to the community in a Newsletter, and a few inquiries were received, with one resident expressing an objection. Further, Mrs. Clifton said the proposed ordinance before the Council has been amended to reflect the changes made at the last meeting when the ordinance was introduced. Councilman Crocker moved that the proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS PROVIDING FOR ABATEMENT OF NUISANCES IN GENERAL AND IN ACTIVE LANDSLIDE AREAS, AND AMENDING THE MUNICIPAL CODE be introduced and that reading in full be waived. The motion was seconded by Councilman Heinsheimer. . Dr. Ronald Becker, 5 Middleridge Road South, advised the`Council that after reading the Newsletter he had some questions about the in- tent of the ordinance, specifically whether it was directed primarily at the Flying Triangle, or whether it would have a more general appli- cation. .. ___4- 104 December 15, 1981 Mayor Rose explained that the City does not have a general nuisance ordinance in the Municipal Code, and the proposed ordinance is similar in language to State law and ordinances of other cities with respect to nuisance abatement; the final section does apply to specific problems in the Flying Triangle area. Councilman Crocker explained that there are pools in the Flying Triangle which presently are filled, and they are being monitored by the geologists, and in the event that it becomes evident that they should be emptied, the Council will have a legal basis for enforcement. Dr. Becker asked whether adoption of the ordinance would -entitle the the City to make necessary repairs to attempt to stabilize the landslide; Councilman Crocker said it would not. Dr. Becker noted`__ that there was no dollar limit placed on cost of abatement. Mayor Rose explained that basically the ordinance would grant permission for the City to enter upon a property and take an emergency action to abate an impending emergency on private property, especially in the event that the landowner fails to take the necessary action, and to charge the landowner for it. Dr. Becker asked if the cost of sta- bilization of the landslide was projected at $5million, whether the cost would be apportioned throughout. Councilman Crocker explained that the ordinance is aimed at things like draining pools if they crack and become a hazard; taking care of dangerous conditions crea- ted by gas lines; above -ground water lines; empty and abandoned pools. Dr. Becker asked whether there would be a dollar limit on the measures ordered. Mayor Rose said the ordinance gives the City the authority to direct the landowner to take the necessary corrective measures, and if, the landowner does not do so, the City would have the author- ity to enter the property to do what is necessary, and to.recover the cost through the tax bill, if the City is not' reimbursed for the work done. He said the cost of corrective work would not exceed the value of the property. Councilman Crocker said the City would not attempt to stop the landslide, but would require that any hazardous condition.resulting from location in the active landslide area be abated. The City Attorney explained that the intent of the ordinance is to address a single nuisance on a single property, including nuisances which arise from certain uses on a property Councilman Pernell asked Mr. Jenkins if a property owner could be asked to take some specific action, such as filling in a fissure on his property which resulted from land movement. Pair. Jenkins said that a nuisance has been defined as anything which could activate or accelerate a landslide, and it would be reasonable to require filling in a fissure to prevent water from seeping into it. Dr. Becker said he is concerned about the open-endedness of the provisions of the ordinance. Councilman Heinsheimer said that in most cities abatement of a nuisance would be an administrative function, but when the pro- posed ordinance was considered it was agreed that the Council would have the responsibility for determining whether the nuisance exists, based on information from County.and City staff. Councilman Crocker explained that the Council is limited in its authority to attempt to abate the landslide by the $40,000 limit in the Fire and Flood Self - Insurance Fund. Mrs. Sandra Ormsby, 2 Eucalyptus Lane, said the ordinance is long overdue, and she is interested in the power of the Council to require abatement of nuisances other than in the active slide area. Mayor Rose said the City can act in public nuisances, but not in private nuisances. Mrs. Ormsby asked what would constitute a "place or area" as referred to in the ordinance, and was advised that it would be part of the Council's determination of the existence of a nuisance. Ordinance 190 was adopted on the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell, Mayor Rose NOES: None ABSENT: Councilwoman Swanson E613 December 15, 1981 ELECTRIC POWER.TO WAGNER MOBILE HOME 1621 105 Mrs. Clifton said she has been discussing the matter of providing power to the mobile home approved as a temporary residence on the Wagner property at 54 Portuguese Bend Road with a representative of Southern California Edison Company, and she was advised that it will not be possible for service to be extended from the residence and it may be necessary to install a service pole.for the metering devices. The Council agreed that underground utilities should not be required, and no new poles should be installed. The Manager was directed to attempt to have service for the mobile home expanded from the exist- ing installation. CLOSED SESSION Mayor Rose adjourned the meeting to a closed session at 10:20 P.M. The Mayor reconvened the meeting at 11:45 P.M. He reported that the Council accepted with regret a letter from the City Manager informing the Council of her intent to retire effective June 30, 1982. Mayor Rose announced that a transition team has been appointed, consisting of Councilman Heinsheimer, Vice -Mayor Pernell and City Manager Clifton. ADJOURNMENT The meeting was adjourned at_ 11:50 P.M., to reconvene on Monday, January 11, 1982, because of lack of a quorum on the next regular meeting date, December 28, 1981. APPROVED: - Mayor ffm City Clerk