Loading...
6/28/1982•MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 28, 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 Pernell at 7:30 P.M. Monday, June 281 1982. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell Councilman Heinsheimer (Arrived at 7:40 P.M.) Teena Clifton Michael Jenkins Ronald Smith June Cunningham Randy Woods John Clifton.. Mr..& Mrs. Wm. Hines Mrs. Joan Saffo 20 City Manager City Attorney Deputy City Clerk Palos Verdes News Residents The minutes of the meeting.of June 14, 1982 were approved and accepted as presented on a motion made.by Councilwoman Leeuwenburgh, seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Pernell NOES: None ABSENT: Councilman Heinsheimer ABSTAINED: Councilwoman Swanson FINANCIAL STATEMENT 39 The Financial Statement for May 1982 was approved and accepted as presented on a motion made by Councilwoman Swanson, seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer PAYMENT OF BILLS 50 Councilwoman Murdock moved that Demands No. 10477 through 10502 and 10504 through 10510 be approved for payment from the General Fund in the amount of $15,727.00. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer 207 June 281, 1982 LOW PRESSURE SEWER SYSTEM 108 Mrs. Clifton reported that copies of the report on a Low Pressure Sewer System for the Flying.Triangle area, which was prepared by Lowry .and Associates, was distributed to members of the Council, and a copy. was sent to Walter.Garrison., Chief Engineer of the County Sanitation District. Mr. Garrison has advised that the report was.assigned to a member of his staff for review, and a report should be..ready in 2 to 3 days. In discussing the•r.eport Councilwoman.Swanson said she wished to have information on.the comparative cost of'a gravity flow system, stating that the entire study addressed a low pressure system,,with no reference to other systems. Mayor Pernell said the report does not give any options, and he.has some questions about cost projections in the report. The report was held on the agenda for evaluation by the Sanitation District.. .staff. RESTORATION OF PROPERTY, JAMES EVANS, 62 PORTUGUESE BEND ROAD 170 00 In.a memorandum to the Council dated June 233, 1982 the City 0 Manager advised the Council of steps which were taken to restore the canyon and property owned by Mr. and Mrs. James Evans,62 Portu- m guese Bend Road. Mrs. Clifton said the canyon was trenched under m the direction of the County Geologists and Dr.. Perry Ehlig to obtain Q information for their evaluation -of the. landslide- and efforts have been made to restore the area, including hydro-seeding....-r2rs.. Clifton said it is her opinion that everything possible has been done to re store the property. The City Attorney said if it can:.be determined that a reasonable.effort has been made to return the property to its original state the City has no further obligation. The.Manager said it is impossible to restore it completely, since the canyon has been undercut, and some sloughing will continue to occur. Mr. Ron Smith.. advised the Council.that he has looked at the site of the trenching at the side of the canyon, and it has been restored to the extent that can normally be expected. Mrs. Clifton said she has advised Mr.. and .Mrs. Evans in a letter dated June 28. ABATEMENT OF PUBLIC NUISANCE, SEEPAGE PIT AND SWIMMING POOL 265 The Manager advised the Council that letters were written to. Mr. and Mrs. Evans about the seepage pit and swimming pool on their property which were previously found by the Council to constitute'a public nuisance. In a letter dated June.18 Mrs. Clifton advised them that the Council had determined on June 14 that the cesspool on their_ property cannot be used as part of the.sewage disposal system,. since it is evident that the connection between the septic tank and cesspool has failed and all effluent from.the property is entering the ground.. She advised, further that any cesspool, once abandoned,'is required to be filled with sand, and the septic tank, if:sealed at the end., could be used as a holding facility, providing that the connection between the septic tank and cesspool be permanently sealed.. In a letter dated June 28 Mrs. Clifton advised Mr. and Mrs. Evans that the County Engineering Geology Section would continue to monitor the swimming pool.for any indication of cracking or other geologic.problems, and that it would not.be necessary to drain the poolat the present time. The Council asked Mr. Ron Smith to keep them informed on the matter... Mr. Smith said he talked to Bob Thomas about filling the cess pool with sand, and was advised:that it would be difficult and may have to be done with pressure, because of the depth of the standpipe, which is only five inches in diameter. Mayor Pernell said he con- siders the first priority keeping water out of the slide plane. Mr. Smith agreed, and said it is his intent to treat the entire problem, rather than individual properties, approaching it as a long range problem. OPEN AGENDA 340 Mayor Pernell said it was time for items which are not on the agenda, and asked if anyone wished to address the Council. -2- 208 June 28,. 1982 N. J. HINES, 75 EASTFIELD DRIVE, MOVIE ABOUT ROLLING HILLS Mr. W. J. Hines advised the Council that he is making a movie about Rolling Hills, attempting to depict the unique aspects of the community, using early photographs, comments from the public and private branches of the government, and scenes from community organ- izations. The Mayor said Mr. Hines had made arrangements to shoot footage of the last meeting at which Teena Clifton would preside as City Manager, and Mr. Hines explained the scene he planned. 11r. Hines then proceeded to take pictures of a roll call vote of the Council. LIABILITY 'INSURANCE 435 Mayor Pernell asked Councilwoman Murdock to report to the.Council on the.matter of liability insurance, which she has been working on with Mrs. Clifton, Mr. Smith and the City's insurance carrier in an effort to incorporate the City and Association under a joint policy as they previously were.. A breakdown of costs for the'prese.nt cover age under separate policies and the projected cost under combined policies was distributed to the Council, and Councilwoman.Murdock said she had met with the president of the Board of Directors,.and he was in favor of investigating the possibility of combining the coverage with an increase in liability at a saving to the residents. Mayor Pernell noted that;at present the Association and City each have coverage for $10.million liability, and the combined cost is $26,002; combining policies on the expiration date, November 26, 1982,would cost $23,470 for $20 million liability for the City and the Association. If the liability coverage .were increased and the policies were combined on July 1,.1982 there would be a cost ad- justment to the Association for cancellation and a pro -rated addi- tional fee of $2,931; Councilwoman Murdock said this would be offset by a refund of approximately $3,000 of the premium fo.r the existing coverage, ;Chairman Murdock said if consideration is to -be given to combining the coverage and increasing the liability it should be. done in connection with executing the lease for the fiscal year. In discussing the matter Mayor Pernell said that to pay a fee for cancelling the policy would offset any savings, even if there were a partial refund approximately equal to the fee. The City Treasurer said he considered the increase in liability coverage worth it. Councilman Heinsheiiner said that since the fee would be as a result of the Association's.cancellation of.their policy,..the financial impact should be borne by the.Association. He suggested thatthe action.be taken in November., when both policies expire. Councilwoman Swanson said she wished the record to show that she is in favor of paying the necessary fee.for increased liability coverage.. Mr. Smith advised the Council that the cost for increased coverage for the City, .increasing the liability from $10 million to $20 million would be $1418 for the remaining five months until expiration of the current policy. Councilwoman Swanson moved that the City approve increasing the liability coverage from $10 million to $20 million if' it can be done within a-$1500 limit. The motion died for lack of a second. The matter was held on the agenda for discussion with the Board of Directors at a joint meeting on June 29. LEASE BETWEEN CITY OF ROLLING HILLS AND C014MUNITY ASSOCIATION 632 Councilwoman Murdock reported that she met with Andrew Shaw, president of the Board of Directors to discuss the proposed lease, and the Board's main concern appears to be with some of the wording and the time frames spelled out in 'the lease, specifically a pro- vision for a thirty day notice by either party for cancellation, which the Board felt was too short, stating that a six month time period was more reasonable. Councilwoman Murdock said she would convey to the City Attorney the matters which were developed in her meeting with Mr. Shaw, and would have a memo prepared for review at the joint meeting. Mayor Pernell ordered the matter held on.the agenda for discussion at the joint meeting. -3- 209 June 283. 1982 K. TABATABAY PROPERTY, 5 CREST RD. WEST, PUBLIC NUISANCE . 644 Mrs. Clifton advised the Council that although some steps have been taken since the Council declared the property a public nuisance to have the site made more safe, progress is extremely slow,. and .she suggested that members of the Council visit the site and determine.. whether there should be consideration of requiring that the house be razed, and she said the City Attorney should be asked to research the matter of razing construction. Mr. Smith reported that he discussed the matter with the County .Building Department and was advised that there is a valid building permit in'effect on the -site and in their estimation there is progress occurring on the site,;:°particularly .since the Council determined that the property was a public nuisance. The Fire Department .feels that although there.is still.a.fire hazard, it is not the extreme fire. hazard t.hat.it was, but is not as safe as a normally constructed building should be. The City Attorney said that if the Council's goal is to get rid of the structure because it is unsightly and no oo progress is being made,'the Building Code does not provide that it O can be declared substandard.because.-there has been virtually no progress until it has been in construction for at least five years. S'i If the building permit expires because the owner suspends or aban- dons the work and fails to get a new permit., the City can then take m jurisdiction of the construction, Mr. Jenkins said., since the.owner Q loses his vested right when he no' -longer has a building permit. If there are specific hazards which can be identified the Council can order them.abated, and the Building Department and Fire Department can make recommendations for remedies of.the hazards, including demolition of the structure, he said. Councilwoman Swanson suggested .that the Fire Department be asked to comment in writing on the hazards on the property, and that the City Manager be.authorized to act promptly in the event such action is needed; further, she suggested.that the matter be held on the agenda for additional consideration by the Council. Mr...Smith said that among the hazardous items listed by the Fire Department were exposed beams and studs,exposed re -bar and. unprotected pool. Mr. .Smith said he has been advised that the Community.Association has withdrawn their building permit, and contractors will not be admitted at the gate to go to the property,. even though there is a valid City building permit in effect. Mayor Pernell said it is his opinion that every effort should be made to have the construction completed as soon as possible. Mrs. Clifton said there.are accessory buildings on the property which have shed roofs in violation of Community Association building regulations. Mr. Smith said that although the owner is.t.aking a great deal of time to complete the project, he is well within the.five year limit permit ted. Mr. .Smith said the building permit was taken out in August 1978 and will not expire for.14 months.. Councilwoman Swanson said it was her understanding that swimming pools on uninhabited properties had to be fenced. Mrs. Clifton said that pools were required to be.fericed on properties on which the homes were destroyed by fire, but there has not been such a requirement.on properties on which there is a structure. Mayor Pernell asked that there be a title search to determine whether there is a lender on the property, and he ordered the matter held on the agenda for discussion at the joint meeting. DONGGUY JIN, LOT 246 -MS, APPALOOSA LANE - ILLEGAL GRADING 840 The City Manager circulated an aerial photograph of the Jin property on Appaloosa Lane which was furnished by Doug McHattie.of . South Bay Engineering Corporation. Mrs. Clifton reported that Mr. Jin was advised by the County Engineering Inspector that the grading on his property was in violation of the City's grading ordinance, and.she said, further, she discussed with him the fact that the work was done without a.permit. Following receipt.of a letter from the Fire Department about the fuel load which had been deposited on the road causing a hazard to adjacent properties,..the brush which had been cleared was removed and Mr. Jin was requested to submit a plan for restoration of the property, which Mr. McHattie said could be done. -4- 21® June 28, 1982 Mrs. Clifton said the contractor who did the grading came to the office and told her that he thought Mr. Jin had taken out a permit for the work. Mayor Pernell said.it was his opinion that all fuel hazards should be removed, the property should be restored to the original condition and complaint should be entered against the con- tractor. With the consent of the Council Mr. Smith was authorized to proceed with correction of the matter. PROGRESSIVE BUDGET, 1982 - 83 .888 Councilwoman Murdock reported that all members of the Council with the exception of Councilman Heinsheimer had met in a session to discuss the preliminary budget, and prior to the meeting she met with the City Treasurer and.Mr. Smith. It was her recommendation that the Council meet again to discuss the policy questions which affect the budget. She asked Mr. Smith to report on the most recent meeting. Mr. Smith reported that the initial projection of revenues was based on certain allocations from the State, including cigarette tax, sales tax and motor vehicle.. in -lieu funds amounting to approximately $501000. It now appears that that the amount probably will be reduced to 507o of that amount, and may disappear entirely. Based on budget figures released in Sacramento, Mr. Smith said some cities are prepar- ing their budgets based on. receipt of 507a, others are budgeting without the revenues. It was Mr. Smith's recommendation that the Council re- view the proposed expenditures and consider reductions to offset the loss which will occur. In response to questions from Mayor Pernell the.City Treasurer said $50,000 represents 15.- 207o of the total budget. Mr.-Courtright said it also represents 1007o.of the total projected ending fund balance if. expenditures are not.reduced. Mr. Smith said . policy questions will have to.be addressed, and h.e 'said; further, no provision has been made for employment -increases or -cost of living ad=- justments.,in the budget for the next year. He agreed with Council- woman.Swanson's suggestion.that another budget session be held. so he can received direction from the Council. Mayor Pernell said the Council has been considering some-selfk liquidating charges on services in certain areas and -some adjustments can be made. Councilwoman Swanson said building permit fees should be reviewed and revised to cover all costs, and she said one of the methods being considered as a policy matter is to allocate a certain amount to the Planning Commission for Planning Advisor's services,. with an effort made to eliminate all but necessary appearances.and other services, since the new City Manager has had extensive planning experience. Councilwoman Swanson said the Council has contracted for 20 hours per month.service by the City Attorney, and an effort is -also being made to stay within that amount and reduce all but necessary other services.. She said the Committee can.present recommendations to the Council for policy decisions, or the.entire Council can meet to review the budget. Mr. Courtright reported that the total property taxes collected for the year will be about 5% less than budgeted,:will have a-$5,000 impact on the General Fund and a $10,000 impact on the Refuse Collect- ion Fund, which will result in the need to make up a $28,000 deficit in the Refuse Collection Fund next year. 'To do so will require a.29% increase in fees over this year, which fees increased 32% over the previous year. Mr. Courtright said refuse collections in fiscal 1980- 81 were $213,000 and the projection for refuse collections -in the next . budget year will be $364,000. He said all current.net administrative expense is being allocated pro rata to the primary functions such as safety, recreation, public works and refuse collection, and as..the administrative expense increases, the allocation of administration to the functions increases. It was Mr. Courtright's recommendation that an effort be made to balance this year's budget without making any policy changes. Mr. Courtright said he can have the budget ready by- next ynext week, and it was his opinion that changes in policies with re- spect to collection of fees or control over expenditures would delay this year's budget. He said policies which the Council can develop to control the budget should be given more time, and take place after adoption of this budget. Mr. Smith agreed with the recommendation. -5- 211 June 283, 1982 Mr. Courtright said the budget will be ready for consideration at the July 12 meeting'and should include.all recommendations for changes in compensation. Mr. -..,Smith said changes in Support .Costs should also be included,.and he explained that items such as Social Security, Unemployment Insurance, Workers Compensation, etc. should be considered%...Support Costs, not Fringe Benefits. Councilman Heins- heimer asked that the budget be sent to the Council when it is ready to give members an opportunity to review it before the meeting. Mrs. Clifton suggested that Council members read the letter from the Assembly'California Legislature which. addresses the state's fiscal crisis. Mr. Smith reported that the cities of Rancho Palos Verdes and Rolling Hills Estates have approved participation in the DUI (Driving Under the Influence) program. He said if Rolling Hills elects to be a participant it would require a budget allocation of $3,650 and would generate revenues projected,at $1.;710, but which may be more. He said he would recommend adding the $3..,650 to the budget, and con- sider.it when looking for reductions to be made. REPORT - 4TH OF JULY, 25TH ANNIVERSARY CELEBRATION 1136 Councilwoman Leeuwenburgh reported that plans for the celebration of the 4th of July and the 25th Anniversary of the City's incorporation are well unde.r.way.. The tax rolls for 1957 have been.provided,:and::- Councilwoman Leeuwenburgh said current: residents who lived in the. City when it..was:incorporated.can be honored at the celebration, if.the Council so or ,der , s....Following discussion Councilwoman Leeuwenbutgh was authorized to hoor those residents at.the community party. She,asked that a.Newsletter be sent to all residents, announcing.the time of the event, and asking residents who lived in Rolling Hills in 1957 to contact her. Councilwoman Swanson said young members of the community who*have contributed to the Council should be honored as well.. APPOINTMENT -.TO TRAFFIC'COMMISSION. 1230 Councilwoman Leeuwenburgh said she has contacted residents who have submittedapplications and will make a recommendation to the Council for appointment to the Traffic.Commission at a later time.. MANNY DAVID SUBDIVISION,. TRACT .37810 1235 Councilwoman Swanson asked Mrs. Clifton whether the bond for the horse trail and drainage.ditch improvement on the Manny David property' ..at 38 Crest Road East was still:in effect. Mrs. Clifton.said she. -has written to Mr. David and asked.that the improvements be completed as soon as possible. She said there is sufficient bonding to cover the costs, and Mr. Smith has been advised in the matter. INCORRECT CHARGE, LIST OF DEMANDS 1245 Mrs.. Clifton advised that Demand No. 10486 in the amount of $251.20 was inadvertently included in the list -of demands presented to the Council for approval, and should be deleted, since it is for an Association bill. Councilwoman.Swanson moved that Demand No. 10486.in the amount of $251.20 be -deleted from the list of demands, and that the 'total be corrected to reflect the deletion. The motion was seconded by Councilwoman Murdock. an.d carried by the following roll call vote: �n AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell NOES: None ABSENT: None M June 28, 1982 CONSTRUCTION ON WEBBER PROPERTY, 8 BUGGY WHIP 1254 Councilman Heinsheimer asked whether any action would be taken against the contractor who developed a riding ring on the Webber property located at 8 Buggy Whip Road without obtaining a Conditional Use Permit from the Planning Commission. Mayor Pernell asked Mr. . Smith to advise the Council what could be done. Mr. Smith said that the matter could be brought to the attention of the Contractor's State License Board, and copies of a Consumer Complaint Form was distributed.. Mr. Smith was authorized to proceed with a complaint against Mr. Web °' ber's contractor, William Stromberg. , INSPECTION OF DOAK PROPERTY. 56 PORTUGUESE BEND ROAD 1273 . Councilwoman Murdock asked whether the County Geologist is making regular inspections of the swimming pool on the Doak property. Mrs. Clifton reported.that Bob Thomas, County.Geologist, advised her that the pool has been drained of all but a small amount of water,, and Mr..Doak was concerned about completing the drainage into the canyon.. Mr. Thomas gave permission to have the remaining'.water drained into the canyon by siphon hose, and the permission was verified with the City Manager. Mrs. Clifton said it has been determined that there is no cesspool on the Doak property and effluent is discharged through leach lines. She .said this method of disposal is"a matter of -con- cern to the geologists and a recommendation will.be made to Mr. and. Mrs. Doak. Mr. Smith was asked to follow up on the matter.. CLOSED SESSION 1303 Mayor Pernell recessed the meeting to an open session at 9:10 P.M. The meeting was reconvened at 9:40 P.M. and the Mayor reported that - the Council had discussed matters of litigation. MEETING WITH BOARD OF DIRECTORS 1356 Mayor Pernell said the Council would meet'•.with members of the Board of Directors at 7:00 P.M. Tuesday, June 29'to discuss matters of mutual concern. PRESENTATION OF GIFT TO RETIRING CITY MANAGER 1360 Mayor Pernell said he wished to convey to Mrs. Teena Clifton, who is retiring after serving as City Manager since February 1964,, whom he called the Council's "colleague, confidante and friend -- a neat human being" the best wishes of the Council,'and present a token of the Council's esteem. He asked Councilwoman Murdock to make.the presentation, a gift of Baccarat crystal. Councilwoman Murdock presented the gift, and read the following quotations: "The world is round, and the place which may.seem like the end may also be only the beginning'.'" Ivy Baker Priest. "Every exit is an entry to somewhere else." Tom Stoffard, and "If your name is to live at all it is so much more to have it live in peoples' hearts than. only in their brains." Mrs. Clifton thanked the. Council for the gift, and for an album of snapshots taken at her testimonial dinner' on June 24. The Mayor asked members of the Council and guests to remain for refreshments following the meeting. ADJOURNMENT The meeting was adjourned to 7:00 P.M. Tuesday, June 29. City Clerk APPROVED: Mayor -7-