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3/22/1982140 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS March 22, 1982 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, March 22, 1982. ROLL CALL PRESENT: Councilmembers Crocker, Heinsheimer, Pernell,- Swans Mayor Rose ABSENT: None ALSO PRESENT: Teena Clifton Michael Jenkins June Cunningham Mrs.J. Donner Mrs. C. Boyd J. Hummel Dr. & airs. L. Kelly Mrs. G. L-eeuwenburgh Mrs. J. Murdock A. Weber APPROVAL OF MINUTES 10 City Manager City Attorney Deputy City Clerk League of Women Voters Rolling Hills Women's Club Rolling Hills Tennis Club Residents The minutes of the meeting on March 8, 1982 -were approved and accepted as presented on A motion made by Councilman Crocker, seconded by Councilman Pernell and carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: FINANCIAL STATEMENT Councilmen Crocker, Mayor Rose None None Councilwoman Swanson Heinsheimer, Pernell, The Financial Statement forFebruary 1982 was approved and accepted as presented on a motion made by Councilwoman Swanson, seconded by Coun- cilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None AUDIT REPORT, FISCAL YEAR ENDED JUNE 30, 1981 Councilman Crocker reported that he had reviewed the Audit Report with the Financial Statement and it was his observation that there are some significant variations, specifically with regard to expenditures, and the ending fund balance reflected in the Financial Statement is $31,000 instead of $52,000. Councilman. Crocker said that the expendi- tures for Public Works total $35,000 versus the $17,000 projected for year to date, and they exceed the projected $30,000 budgeted last year. he stated, however, by the end.of the year the expenditures and re- venues probably will be more in line with the projections. The Manager explained that there often is a difference in the projected revenues and expenditures at this time of the year, but in most instances they come together at the end of the fiscal year. In specifically referring to building permits, Mrs. Clifton said that in 141 March 223, 1982 some.months there are only expenditures, in other months there are revenues. Subdivisions are similar, she said, since long range projections about revenues are necessary for budget preparation, based on information available, and it is not always possible to determine.when during the fiscal year the fees will be received. The Manager said that subdivision revenues.will.change;.since a subdivision has now finished in the Association but has not yet been filed.with the City; it is her opinion that the tract will be filed with the City and the fees will be paid before. the end of the current fiscal year, and will be reflected.in the year end revenues. Councilman.Crocke.r.said a Sum..has.been carried over'in the Recreation and.Facilities Fund, .and it was his recommendation.that the fund be reviewed. The Manager said a proposal would be made later in the meeting .which would require expenditure of.the funds.. Mrs. Clifton said she reviewed the AVdit Report and it was here observation. that the totals of the funds are correct, and.close to the projections, however she said there was one typographical.error Q of about $200. Mayor Rose asked.that the. comments made with regard to -the -Financial Statement.and the Audit Report be included in some m detail in the minutes forconsideration.by:the transition team and m the new City Manager in budget preparation. Q. Councilman Crocker said his.final concern is with regard to the La Cresta School site., and the options available to the City Council if the.property becomes available. Councilman-Pernell asked why the. -Au dit Report for. 1981 was .pr.e sented so late in the. year. The Manager explained that one of the partners in the. accounting firm had retired, and the firm moved, but she said she told the auditors that the Council would wish to have the report.presented earlier in the year. Councilman Pernell said the report should be used as a management tool, and becomes less effective as the year progresses. Mayor Rose ordered the report held on the agenda for consideration when the City Treasurer is present at the meeting. PAYMENT OF BILLS 230 Councilman Pernell moved that Demands -No. 10267 through -10292 in the amount of $37,9.95..85 be paid..from the General Fund and that Demand No. 10274 in the amount of $3.76 be paid from the Fire and Flood Self Insurance Fund. 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 Mayor Rose asked about Demand No. 10280, payment to the Rolling Hills Community Association in the amount of $25,200;for subdivision. bonds. The Manager explained that $9,900 of that amount was a deposit made by Dr. Michael Ishak, and the balance was deposited by Dr.. Jerry Greenhut for improvement of Upper Blackwater Canyon Road as a condi- tion of approval of their subdivisions. Mrs. Clifton said the balance of the money for the road improvement is due from Mr. Roger Meurer, and an attempt is being made to call in the bond posted by Mr. Meurer when he divided his.property. The Manager said ter. Meurer has advised that the money will be paid to the City in the near future, and when it is received it will be transferred to the Community Association for a drainage line at the end of Upper Blackwater Canyon Road, and some road work. TENNIS CLUB SOCIAL FACILITY - 355 Mr. Joseph Hummel, president of the Rolling Hills Tennis Club, advised that he was present to discuss a proposal that a recreational -2- M March 22, 1982 facility in the vicinity of the City's tennis courts be approved for construction according to the specifications developed by Lowell Lusk, architect. The plan was displayed and the Manager explained that it-' would expand the existing patio area, and a small bleacher -like struc- ture would be built in the tennis court area.for viewing. Mayor Rose asked whether the facility would be accessible to handicapped persons. Mrs. Clifton said there is no ramp; access is a'series of steps. Councilman Pernell said there is a rolling grade to the area and a wheel chair could be taken in; the Manager said she would bring the matter of access to the Architectural Committee. The Mayor asked where the funding would come from. Mr.. Hummel said the facility would cost approximately $10,000; there is $3,732 in the Recreation fund, the Tennis Club plans to contribute approximately 1/3 of the.total cost, and the Women's Club has agreed to make a con- tribution. He said the Tennis Club plans to request that the City make the money in the Tennis fund available for the project. Councilman Pernell moved that the Council approve the concept of . the facility and approve the expenditure of the funds available in the appropriate fund. The motion was seconded by Councilman Crocker. In discussing the matter Councilman Heinsheimer said he considers the proposal.a. social amenity.,.rather than a recreational facility, and he suggested that consideration be given to future need for nets and other_ tennis court equipment, with the added recommendation that Tennis Club members should be made to understand that when the money in the budget is spent the fund will not be.replenished. Mr. Hummel said the Tennis Club intends to attempt to raise some of the money from private donation. The Manager said there will be a need in the near future for painting and striping the tennis court surface. Mayor Rose said there is some money in.the City's budget for maintenance., and.re-surfacing of the tennis court would come from that source. Councilman Heinsheimer said there is a priority problem with items paid from the General Fund. Mr. Hummel said that although there will be an attempt to raise funds from other sources, the request is being made for the City to approve the expenditure of money allocated in the budget as part of the total cost because the tennis courts belong to the City, and the recreational fa- cility which is being proposed will also be available to all residents of the City, and not.just to Tennis Club members. Councilwoman Swanson said the allocation in the budget was made for capital improvements to the tennis courts, and not for maintenance of the courts, and while certain items such as law enforcement are more important budget items, it was her opinion that the money allocated for improvement.of the courts should be approved for that purpose. Councilwoman Swanson sug- gested that members of the Tennis Club be polled to determine how many are in favor of the present proposal, and further, that the Tennis Club give serious thought to the possibility that the La Cresta school. site may become available at some future date, and there might be a_desire to use the funds on development at a location other than at the tennis courts. Mr. Hummel said the members have already been contacted about their support of the proposal. Mayor Rose said he wished the motion to be subject to accessibility, and Councilman Pernell said that would be part of the main motion.The motion was carried on the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None. ABSENT: None LOS ANGELES COUNTY ENGINEER GEOLOGICAL UPDATE, FLYING TRIANGLE AREA 622 The City Manager reported that as instructed by the Council, she contacted the County Engineer and discussed a monitoring program. A letter dated March 15, 1982, written in response to the conversation, was presented to the Council. -3- 143 March 22, 1982 Mrs. Clifton said the slope indicator below the Kelly residence on Pinto Road has been monitored, and•no activity has been detected She said the engineer will continue to monitor it, and the charge for the monitoring is $31.50 per hour for eight man-hours per month. Mr. Keene said a monthly letter -report would be submitted to the City Council, which would constitute a progress report and evaluation of current status, with possible pertinent recommendations if any are considered essential. The Manager said that Bob Thomas, County.Geologist, had looked at the Kelly property because of their concern about movement of soil which affected a wall behind the -Kelly residence, and Mr.. Keene has said he would also come to look at it. Mrs. Clifton said the Council 'may wish to set up a monitoring program., since they are concerned about some of the.swimming'pool.s in the Flying Triangle, although they may not wish to specify the number of hours. Councilman Crocker asked the City Attorney to comment on the proposal, and.whether the City,has a.duty.or obligation to set up a monitoring.program, using tax payers' money. Mr. Jenkins said 0 the record is clear that the City has not assumed any responsibility 0 -with regard to the landslide or for any of the events which would be the subject of the monitoring.. He said that in the litigation the Co City has take n. -the -position _.that..the..events are.natural phenomena; CD . however, he said the.City can monitor the events to determine whether a public nuisance might be developing on a property whereby the situ - Q ation can be worsened: Mr-. Jenkins said it would not be inappropriate for the City to undertake some.amount of monitoring in order to keep abreast of the situation and to be aware of what is going on. Por. Jenkins said the record should be made clear that monitoring is not to be taken as an assumption of responsibility for correcting the. problem, or of responsibility for the original problem, but is being done as an act of police power on the part of the City to ascertain that a public nuisance is not being created..on private property. Councilman Crocker asked whether the City could have potential -lia- bility for failing to monitor if a public nuisance did develop and caused damages. Mr.. Jenkins -said it could be alleged, and there is a trend in the law to create mandatory duties on the part of govern- ment entities, but it was his opinion that the duty would not be taken on to resolve the problem, but is an effort by the Council to apprise itself'of events which are taking.place. . Mayor Rose said the City is aware that the movement is accelerating, and the City is limited in the.help they can give spending public monies, and it .was his opinion that the best thing to do for everybody's benefit is to monitor what is going on in order to deal.with anything.that might be catastrophic.. Councilman Crocker.said that if.the County Geologist made a recommendation for a certain..number of man hours, he thought the City should not decrease the number of hours recommended. Coun-. oilman Heinsheimer said the City asked for recommendations for a long term affordable program, and the County was.responsive. Councilwoman Swanson asked whether the monitoring program would provide information in a limited part of the active.slide, or whether it'would benefit all of the active slide area. Mrs. Clifton said the location of the slope monitoring equipment was on the recommendation of the geologists, and was not intended to benefit any specific property or to be responsive to any one resident over another. All of the slope monitors, with.. the exception of the one near the Kelly residence, have fractured and can no longer be monitored,, she said. Councilman Crocker said the geologist should, understand that they are being requested to monitor open fissures and pools. Councilman Heinsheimer moved that the Council approve a monitoring program for eight man hours a month at $31.50 per hour, as recommended by the County Engineering Geologist. 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 !M March 22, 1982 Dr. Larry Kelly, 2 Pinto Road, advised the Council that his house is located close to the easements on his property, and 'in the rear there is a tremendous amount of.doughy appearing soil bulging out of the side of the hill anti rapidly encompassing the house. He said the dirt is bubbling over the retaining wall which is located three_or four feet from the house, and is within two feet of the eaves of the house. Dr. Kelly asked what he, as a resident, can do to protect his home without endangering the people above him. The Mayor said the Council is concerned, but based on legal advice, can not take any remedial steps using public money.. He said the Council is attempting to determine what is happening, and what can be done to alleviate a possible catastrophic problem. Councilman Heinsheimer said the Council attempts to have pools drained and recommend other measures that will benefit the community; he said it is up to the individual property owner.to undertake the measures that will protect his individual property. Dr. Kelly said regulations prohibit grading in. an easement. Councilman Crocker said there are many legal issues and the geologists are attempting to find a reasonable solution, but the Council cannot do anything that will jeopardize the City's pos- ture with regard to assumption of liability by encouraging a property owner to take individual action. He recommended that Dr. Kelly seek the advice of his attorney. Mrs. Cathy Kelly said she wished to:advise,the. Council of a. potential hazard.which has developed within the past month. She said the house was built before there was a,requirement for a 50' rear yard setback, and the house is built against the hill, which is coming down on the house. She said Bob Thomas, County Geologist, inspected the house that day and said the hill could fail at.any "time, and could wipe-out,the'rear of the house. She said the -hill is directly below the.pool on the Evans property, which has not been drained. Mrs. Kelly said the pool has separated from the residence on the Evans,property and is tipping towards the Kelly property.. Mayor Rose said he has discussed the matter with the County Geologist and is attempting to determine whether the pool on the Evans property, drained or'undrained, is having a causative effect on the Kelly. pro- perty. Mayor Rose said the Council will continue to discuss the matter with the geologists to determine whether anything can be done by the City or whether it remains a private problem to be handled by the affected property owner. LIABILITY INSURANCE 908 The Manager reported that she had received a letter from Fred Barth, insurance agent for the Rolling Hills Community Association regarding the coverage, and in a conversation with Mr. Barth he advised that basic liability coverage has been provided for the City as requested.. Mr. Barth indicated to the Manager that Fireman's Fund, which. carries the $9 million umbrella has written the coverage and is sendine it to him, and he should be receiving it any day. Mrs. Clifton said this has- been going on for four months; Further Mrs. Clifton said that Mr. Barth told her that Fireman's Fund has advised her that they are making a notation of some sort on the.coverage, but he would not know until he got the policy what notation was made. The Manager asked that the matter again be held on the agenda. Councilman Crocker said he thinks there is a serious problem, stating that the City does not have adequate coverage under the policy, and in a case. where the City could share responsibility where there is liability, the City could have insufficient coverage. Mrs. Clifton said Mike Bush.of Cal-Surance, the City's carrier, has attempted to resolve the matter with Mr. Barth, but so far he has not been able to do so. Councilman Crocker suggested that the City Attor- ney discuss the matter with the Association's attorney.. Councilman Heinsheimer suggested that the facilities leased from the City by the Association,be closed down until adequately covered by insurance. The Mayor said the problem began when the Association decided to purchase insurance from another company., and he agreed with the recommendation made by Councilman Heinsheimer. Mrs. Clifton said the Women's Club, Tennis Club and Caballeros had all been covered jointly by the City and the Association. Councilman Pernell said the City does not have the authority to give direction to the Association's carrier, and he said the contact should be between the City and the Association. -5- March 22, 1982 145 Councilman Crocker moved that the Association be advised that if the City does not=receive the.coverage in'a form satisfactory to the Council by the end of March the City will buy the coverage and bill the Association.as additional..rent.to enforce the provisions of the' lease. The motion.was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker., Heinsheimer, Pernell, Swanson Mayor Rose. NOES: None ABSENT: None .RECOMMENDATION, LOS ANGELES .COUNTY TRANSPORTATION COMMISSION 1004 In a letter dated March 10,. 19822 Rancho Palos Verdes Mayor jacki Bacharach advised the Council thatwith the municipal elections. in -April two vacancies will be cr.eated.on the Los Angeles County Transportation Commission which will be.filled.by the City Selection 00 Committee. She asked that the City Council support her. candidacy.for O one of the seats. A motion -supporting Mayor"Bacharach was made by Councilman Heins - CO heimer, seconded by Councilman Crocker and carried,by the following [n roll call vote: a AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None The Manager was requested to writea.letter for the Mayor's signature, supporting Mayor Bacharach. Councilwoman Swanson suggested that other letters be advised of the Coun6il'.s support,_Councilman.Heins- heimer said South Bay Cities Association should be advised at their meeting. SOUTH BAY JUVENILE DIVERSION PROJECT 1014 A letter dated March 3, 1982 from the South Bay Juvenile Project requesting adoption of a resolution supporting the South Bay Juvenile Diversion Project was presented to the Council. RESOLUTION NO. 485 Councilman Crocker.. moved that Resolution No. 485 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS, CALIFORNIA SUPPORTING THE SOUTH BAY JUVENILE DIVERSION PROJECT IN SEEKING FUNDING UNDER THE UNIFORM COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM '(AB -90) AND JUVENILE JUSTICE AND DELINQUENCY PREVENTION FUNDS FROM THE COUNTY OF.LOS AN- GELES be adopted, and that reading in full be waived.. The motion was seconded by Councilwoman Swanson and carried by the following - roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None LONG AND LEVIT, ATTORNEYS, LETTER MARCH 10, 1982 1030 The Manager presented a letter dated March 10, 1982 from Long and Levit, enclosing the claim of Fidelity and Guaranty Insurance. Underwriters against the City of Rolling Hills: The claim identi- fied the claimants as Anton and Marie Weber, Rolling Hills residents. 1H March 22, 1982 Mrs. Clifton reported that copies have been sent to the City Attorney, to the City's insurance carrier, and the carrier's attor- ney, Mr. John Kerr, Mr. Jenkins explained that the Webers' insurance company is contesting their liability for damages, basically saying that if they become liable to the Webers under their insurance policy they are coming against the City on the same theory, since litigation has already been conducted against the City. Mr. Jenkins said the City Attorney is analyzing the claim and will make a recommendation to the City after an evaluation has been made. PENINSULA RECREATION PROGRAM, SUMMER 1982 1048 Councilman Crocker moved approval of an expenditure of approxi- mately $175 for the City's share of costs to.participate in the printing and mailing of brochures for the summer recreation program for residents of Rolling Hills., Rolling Hills Estates and Rancho Palos Verdes. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: - Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: •None CALIFORNIA STATE SENATE RE: CITY/COUNTY HANDGUN ORDINANCE 1050 A memorandum dated March 4, 1982 stating the Legislative Counsel's opinion regarding the validity of city and county ordin- ances in relation to firearms was received for the file. PUBLIC UTILITIES COMMISSION APPLICATION NO. 82 03 04 Notice of Filing and Hearing on Southern California Edison Com- pany's Application was received for the file. PUBLIC UTILITIES COMMISSION APPLICATION NO. 82 03 16 Notice to customers of Southern California Gas Co. and Pacific Lighting Gas Supply Co. of Hearing in Application No. 82 03 16 was received for the file. PURCHASE OF IBM SELECTRIC TYPEWRITER 1062 Purchase of an IBM Selectric typewriter for the bookkeeper was authorized in a motion made by Councilman Crocker and seconded by Councilman Heinsheimer. The City Manager said the cost would be approximately $1150, and was included in the current budget. The motion was carried by the following roll call vote: AYES: • Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None ORDER SETTING CAUSE FOR HEARING, SUPERIOR COURT NO. CR A 19340 1068 Mrs. Clifton said an order setting cause for hearing in the matter of the People v. John Spencer Letts, CR A-19340, was sent to the City in the belief that the City Attorney prosecutes such cases; it has been forwarded to the District Attorney for action. LOS ANGELES COUNTY SHERIFF RE: DISASTER EXERCISE 1073 In a letter dated March 15, 1982 Captain Charles D. Emerson, Commander of the Lomita Station advised that a disaster exercise will be conducted at 9:00 A.M. Thursday, May 27, depicting an earthquake of approximately 6.5 magnitude on the Palos Verdes Fault Zone. The City of Rolling Hills was invited and encouraged to activate its Emergency Operations Center in conjunction with activities at the -7- • 2� 14'7 March 221, 1982 Lomita Station for the exercise, which will last approximately five hours. Mrs. Clifton recommended that the City participate in the disaster exercise, and review activation of the City's emergency telephone system. She reported that Mrs.. Mary Louise Crocker is working to reactivate the community's emergency disaster plan, as a representative of the Women.'s Club, and she suggested that Mrs. Crocker be designated as controller to work with Lomita .Station's Controller and members of the Emergency Operations Bureau, as sug- gested by Captain Emerson.. .Members of the Council agreed that the.City should participate in the exerise, with community -wide participation. Mayor Rose said he would send letters to the community organizations, also to the Community Association, informing them of the date and requesting that they indicate their willingness to participate. RECOMMENDATION FOR.RELOCATION_OF TRAIL ON QUAIL RIDGE ROAD NORTH 1131 A memorandum dated March 19, 1982 from the Association Manager regarding the -Negri -subdivision on Quail Ridge Road North was presented to the Council. The Manager advised that recommendations made by the Traffic Commission and approved by the City Council with regard to location of a trail on the western bank of'Quail Ridge Road North, maintaining the bank adjacent to the paving, were.reviewed by the Board .of Directors. Subsequently Mr..Douglas McHattie,.,representing Dr. Negri, advised the Board that the existing fence is in the road easement and Dr. Negri is not willing to give an additional easement for the trail. Mrs. Joan Saffo, Caballeros liaison with the Board, concurred with Mr. McHattie's suggestion that the trail be located on the east side of the roadway, with location for a horse crossing to be determined by the Traffic Commission and the City Council.' The City Manager recommended t.hat the City Council approve Mr, Mc- Hattie's suggestion regarding relocation.of the trail.. Councilwoman Swanson said that as Chairman of the Traffic Com- mission she would approve the recommendation on behalf of the Commis- sion, since there was a concern about the durability of a trail if it was located as originally proposed,.due to erosion.. She moved that if Caballeros considers.this a satisfactory arrangement, the recommendation be approved subject to installation of appropriate signs to be installed on the curve across from..the Negri property, as well as additional site posts with reflectors, with costs for.the installation to be paid from subdivision fees.. The motion was secon- ded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: ' None ABSENT: None LEASE BETWEEN..THE CITY OF ROLLING HILLS AND COMMUNITY ASSOCIATION 1170 Mr. Jenkins reported that all of the comments made during the Council's review of the proposed lease have been incorporated in the copy presented for additional review. He said the matter of Insurance, paragraph 6, page 5, has not been resolved. - The Manager suggested that page 3 be reviewed with regard to timing of cost increases, and Maintenance, section 5 on page 4, be reviewed. Mayor Rose asked that members of the Council review the lease, and he ordered the matter held on the agenda. March 22, 1982 MATTERS FROM MEMBERS OF THE COUNCIL 1194 Councilman Crocker said he wished to address a letter written to William Lennartz, a Rolling Hills resident, by Councilwoman Swanson in her capacity as Chairman of the Palos Verdes Peninsula Transportation Committee. Councilman Crocker said that at a previous meeting the Council discussed the Dial -A -Ride program on the Peninsula, and a majority of the Council members concurred that the $40.,000 subsidy for the program should be allocated to RTD instead of to the local program. Councilwoman Swanson said the paratransit funding is separate from rapid transit funding, and she explained that Rolling Hills is a participant, with other Peninsula cities, in a Joint Powers Agree- ment by which transportation is provided for transit dependent seniors and handicapped. She said a study by the League of Women Voters indi- cated that there is a need for transportation for seniors and handi- capped on the Peninsula. Originally the cities were required by law to provide a 10% local match, to be recovered through fare box collec- tions, and private enterprise was contacted. Mr. William Lennartz agreed to guarantee the local match through Computer Powers Corpora- tion, and the match was recovered through the fare box. The current local match requirement is 172%, and Mr. Lennartz has again agreed to provide the guarantee through Computer Powers Corporation. In her letter dated March 152 1982 Councilwoman Swanson thanked Mr. Lennartz for his continued support of the program. With regard to the suggestion that. Rolling Hills should determine that the Junds should go'instead to the Rapid Transit District, Councilwoman Swanson said the City does not have that capability, since the City is one of four cities comprising the Joint Powers Agreement. She said the two transporation systems are complementary to each other, and one is not.provided at the expense of the other. Councilman Pernell asked whether the funds, if not used for the paratransit system, would remain with RTD for general purposes. Coun- cilwoman Swanson said the decision about how funds are used is made by the Los Angeles County Transportation Commission, the banker of the funds, and there is no guarantee that a decision not to accept the funds would be reflected in lower bus fares in other areas. Councilman Heinsheimer said he considers the program one by which subsidized taxi service is being provided for people who could afford a private taxi at the expense of poor people who could not afford one, and it was his opinion that a letter written on City letterhead does not reflect the feeling of the majority of the Council. . ZONING CASE NO. 212, ANTENNA TOWER AND TRANSMITTER BUILDING 1294 In response to a question by the Council, the Manager said no appeal of the Planning Commission's decision to revoke a Conditional Use Permit issued to Advanced Electronics has been received. Mr. Jenkins said the code provides that the hearing cannot be set less than 20 days after receipt of the appeal. -After"the hearing date is set the code provides that the Council will hear the appeal on the basis of the record which was created before the Planning Commission. The Council can decide at any time during the hearing, by a majority vote of the Council, to have a hearing de novo, and hear new testimony. Mr. Jenkins said it would be a good idea for the Council to set up some rules for hearing arguments, written or oral, which would not consist , of new testimony. RHCA BOARD OF DIRECTORS MEETING 1315 Councilman Pernell reported that he attended a recent meeting of the Board of Directors, and he reported that there was a discussion of the burgeoning problem of coys,'which are being taken in as pets by some of the residents. Councilman Pernell said he suggested that the problem should be considered as a matter which requires the joint cooperation of the Board and the Council. Another item of discussion,, he said, was the matter of the Meurer bond for improvments on Black- water Canyon Road. 149 March 22, 1982 PRIVATE SECURITY PATROL 1329 Councilwoman Swanson suggested that staff be instructed to inves- tigate the feasibility of having a.private security service patrol in the community as part of'their security service.. She said she has heard that such patrolling can be arranged if a number of homes are protected by the same service, and she suggested that the Council ask staff to make inquiry about it. Councilman Crocker said he thought it would.be in intrusion into the Sheriff's jurisdiction, and he.asked what would happen if a private. security patrol observed something; whether they would then notify .the Sheriff. .'The.Manager said she considers this a sensitive area, and it was her opinion that the Sheriff would not be willing to have someone patrolling in the area for which they have contracted.. CLOSED SESSION 1365 Mayor Rose adjourned the meeting to a closed session at 9:30 P.M. co MEETING RECONVENED O The Mayor reconvened the meeting at. 10:2.0 P.M. and announced that m the Council had met in.a closed session to -discuss matters of litigation.' ADJOURNMENT Q The meeting was adjourned at 10:25 P.M. I ` I APPROVED: Mayor -10- City Clerk