7/26/1982MINUTES OF A 225
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
July 26, 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,
July 26, 1982.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
ABSENT: None
ALSO PRESENT:
APPROVAL OF MINUTES
Ron Smith
Michael Jenkins
June_Cunningham
Michelle Beal
Neil Zuehlke.
Dr. Richard Oas
Mrs. Betsy Raine
625
City Manager
City Attorney
Deputy City .Clerk
Law Student/Observer
Caballeros.President
Caballeros Treasurer
Resident
Councilwoman Swanson requested.that the minutes of the meeting on
July 12, 1982 be amended to contain her recommendation that staff be
asked to research the possibility of having the City's health/life
insurance coverage amended.so the City would continue to provide health -
insurance for employees, but not life insurance, in an effort to reduce
costs. Councilwoman Swanson suggested amendment of reference to a
closed session on page 8 to include "---litigation background inform-
ation" as the purpose of the closed session.
Councilwoman Murdock moved that the minutes of the meeting on
July 12 be approved and accepted as amended. The motion was seconded
by Councilwoman Swanson and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
FINANCIAL STATEMENT 645
The City Manager presented the Financial Statement for the month
of June, 1982, .and explained that it contains.the closing figures for
Fiscal 1981/82.
The Financial Statement was reviewed and L. D. Courtright,. City
Treasurer recommended that any approval by the Council be preliminary
approval, and he reiterated the recommendation by the City Manager.
that fiscal constraint be exercised in the coming year, especially in
view of .decreased revenues. Councilwoman Swanson said it appears the
greatest expenditures.in excess of allocation were for utilities, City
Attorney and public works, and she reviewed the new procedure concern
ing contact with the City Attorney.
Councilwoman Swanson moved that, as recommended by the City Treas-
urer, preliminary approval be given to the Financial Statement, subject
to additional changes in the final figures by the City Treasurer. The
motion was seconded by Councilwoman Murdock and carried by the follow-
ing roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
.NOES: None
ABSENT: None
226
July 26, 1982
AUTHORIZATION FOR PAYMENT OVER BUDGET 760
The City Treasurer recommended that. the Council consider adopting
a policy by which any expenditure which exceeds the budgeted amount
be presented to the Council for approval before being paid. Mr.
Courtright explained that the total amount allocated for each fund
should not be exceeded without the Council's approval; The Mayor asked
the Manager to comment, and Mr. Smith said he.considers it reasonable.
Mr. Smith said he will present a revised schedule of fees in a resolu-
tion for adoption by the Council at the next meeting, such fees to be
based on manpower allocations and the costs incurred by the City, in
an effort to cover the expenditures for which the fees are collected.
PAYMENT OF BILLS 1060
Councilwoman Swanson moved that Demands No. 10556 through 10572,.
10574 through 10593, in the amount of $24,272.52 be approved for pay-
ment from the General.Fund; that Demand No..10578 in the amount of
$756.50 be approved for payment from the Fire and Flood Self Insurance
Fund and that Demands No. 10573 and 10481 be voided. The motion was
seconded by Councilwoman Leeuwenburgh, and carried by the following
roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
LOS CABALLEROS 1150
Mayor Pernell welcomed Neil Zuehlke, President of Caballeros
and Dick Oas, Treasurer of Caballeros. Mr. Zuehlke said they were _
present to advise the Council on disbursement of funds which were
allocated to Caballeros in the Recreation Fund.
Mr. Zuehlke said the Hix Ring on Buggy Whip Drive is being
completed. Expenditures so far have been $83.3032 and it is antici-
pated that a total of $133.208 will be spent. Mr. Zuehlke said sand
is needed, and sprinklers are being installed. He said he and Dr.
Oas are present to request financial aid from the City., stating that
he was advised that $7,262.00 is available to Caballeros.for the ring...
Mr. Zuehlke said an effort was made to build the ring in the most econ-
omical way possible, and members of Caballeros are proud of the result,:
which is an asset for the City.. A breakdown of costs is available.
Dedication of the Hix Ring has been scheduled for Saturday,
July 31 at 10:00 A.M. and Mr. Zuehlke invited all members of the
Council and the City Manager to attend the dedication.
With the approval of members of the Council Mayor Pernell pre-
sented Check No. 10592, dated July 26, 1982 in the amount of $7,.262
to Mr. Zuelke and Dr. Oas from the Equestrian allocation in the
1981/82 Recreation Fund. Mr. Zuelke said the expenditures to date
include repair and replacement of jumps in the Caballeros Ring, and
painting of the ring, with total costs of $2,658 paid as part of the
expenditure of $81303. Mr. Zuehlke and Dr. Oas thanked the Council
for the check.
LEASE AGREEMENT 1275
Councilwoman Murdock reported that she has been working on the
proposed lease with members of.the Board of Directors of the Rolling
Hills Community Association. She distributed copies of the revised
lease, and said it includes changes recommended by the Association's
Legal Counsel, Bill Kinley.
In discussing the lease the City Manager said he has a concern
about an insertion regarding costs of ground maintenance.and care of
the grounds around the Administration Building and Tennis Courts,.by
-2-
227
July 26, 1982
the City, explaining that this has been the policy, but inclusion in
the lease would preclude any request by the �ity'for assistance from
the Association. Councilman Heinsheimer said that at a joint meeting
of the_Council and the Board members of the Board asked that the lease
be less formal than the form submitted by the City.. He said that the
latest version, including all revisions made by the Association,. and
attachments „ results in a complicated document and is at variance
with the spirit of the discussion at the joint meeting when it was
agreed that the lease would be an informal arrangement.
Councilwoman Murdock said the insertions and attachments were
added by the Legal Counsel and have not been presented to the President.
of the Board. Councilman Heinsheimer said all staff input should be
submitted to the President, and Councilwoman Murdock should work direc-
tly with a member of'the Board, and not the staff. Councilwoman
Swanson said she considers inclusion of the plans irrelevant. She
said, further,.that the maintenance of grounds around the tennis courts
should be separated from maintenance of the grounds around the Admin-
istration Building, since the tennis court landscaping was done .in
00 accordance with recommendations made by the Landscape Committee of
the Community Association, and if at some.future time trees which
0 require additional maintenance are planted at the direction of the
i.. Landscape Committee, the City might be burdened by the additional
m cost and labor.
CO Mayor Pernell.said he agreed with the comments about the amount
Q of detail in the revised document, and also he agreed that staff
should work with staff., and contact by members of the Council should
be with members of the Board of Directors. The Mayor asked Council-
woman Murdock to report to the Council after the next meeting of the
Board.
FEE ENACTMENTS, 1982/83 BUDGET 1405
The City Manager reported that during budget deliberations it
was noted that certain fees were not keeping pace with expenditures
and administrative overhead, and staff was.directed to prepare the
necessary amendments to. the Municipal Code raising .fees from 2 X to
2 1/2 X the rate of the County of Los Angeles. Mr... Smith presented
a proposed ordinance., and he said a resolution establishing the fees
would be presented at the next meeting for adoption in concurrence
with second reading and adoption of the ordinance. Further, Mr.
.Smith said the proposed ordinance would amend the Municipal Code by
quadrupling the fee when work requiring a permit has been started or
carried on without the necessary permits.
PROPOSED ORDINANCE SETTING.'FEES BY RESOLUTION 1518
Councilman Heinsheimer moved that a proposed ordinance entitled
AN ORDINANCE OF THE CITY OF ROLLING HILLS SETTING BUILDING PERMIT AND
OTHER FEES BY RESOLUTION AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE ACCORDINGLY be introduced., and that reading in full be waived.
The motion was seconded by Councilwoman Swanson and carried by the
following roll call. vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
The Manager was directed to prepare the appropriate resolutions
setting various fees for presentation to the Council at the next
meeting.
1524
PROPOSAL FOR PARK IN -LIEU FEE OR DEDICATION OF PARK FOR PARK/RECREATION
The City Manager reported that when land is subdivided, creating
additional demand for services of a recreational nature., it is possible
under provisions of the California State Subdivision Map Act to charge
a fee or require dedication of land. Mr. Smith said it would be ap-
propriate to consider a payment of fee or dedication of land, since a
-3-
228
July 26, 1982
Recreation Element to the General Plan has been adopted by the City
of Rolling Hills and a Schedule of Usage could be developed as re-
quired by State legislation.
Mr. Smith said he contacted surrounding cities and other legis-
lations and it was determined that all used a market value of the
subject property and applied various service level factors to the
value. He presented a sample calculation of park in -lieu fee which
was prepared using the 1981-82 assessed valuation for Rolling Hills,
and a schedule of usage as required by the Government'Code. Mr.
Smith said all fees should be placed in the recreational fund and
should be spent within five years of receipt. A proposed ordinance
enacting park and recreational payment parameters at the time of
subdividing land was presented.
Mrs. Betsy Raine, 71 Portuguese Bend Road, asked whether the'
proposed ordinance provides for dedication of land instead of payment.
Councilwoman Murdock said it would be optional, since California law
provides that dedication of land cannot be required for a subdivision
of less than 50 lots. By making the option available a developer will
be able to decide whether to dedicate the land. or pay a fee, and it
will be up.to the City Council to decide whether to accept land if it
is offered, based on the size and location of the land offered, and
its usefulness as a recreational facility.
PROPOSED ORDINANCE ESTABLISHING PARK IN -LIEU FEE OR LAND DEDICATION
.Councilman Heinsheimer moved that a proposed ordinance entitled
AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING TO THE ESTABLISH-
MENT OF A PARK IN -LIEU FEE OR LAND DEDICATION WHEN SUBDIVIDING LAND
IN THE CITY AND ADDING TO THE ROLLING HILLS MUNICIPAL CODE ACCORDINGLY
be introduced, and that reading in full be waived.
The motion was seconded by Councilwoman Swanson and carried by
the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Swanson, Mayor Pernell
NOES: None
ABSENT: None
1607
DR. ANDRE NEBOLON, 6 MAVERICK LANE, REQUEST FOR NON FIRE -RETARDANT ROOF
Mayor Pernell opened discussion of a request by Dr. Andre Nebolon,
6 Maverick Lane, for permission to use a non fire retardant roofing
material to match the existing roof on his residence for a 140 square
foot addition to the residence. The City Manager explained that the
addition is approximately 3% of.the size of the existing'roof, and.the
code requires that all additions have fire retardant roofing, but per-
mits re -roofing of up to 25% of the roof area with material to match
the existing roof.
In discussing the matter members of the Council agreed that the
requirements are not consistent, and a change should be made in the
section of the Building Code which permits re -roofing up to 250 with
non fire retardant material. Mayor Pernell suggested that the amount
of non fire retardant roofing permitted.be calculated in square feet
of material, rather than percentage of total roof coverage. Mr. Smith.
said the ordinance could be written so the permission could apply to
new additions within the square footage permitted as well as to roof
repairs. Members of the Council concurred with the recommendation
that use of matching material be limited to square footage; Council-
woman Murdock said she thought the requirement for fire retardant
roofing for new construction should be retained. Councilwoman Leeu-
wenburgh said she agreed. Councilwoman Swanson said that although
she agreed with the concept„ it was her opinion that the ordinance
should be consistent, and she thought it would be more consistent to
limit the square footage of matching roofing permitted, whether for
re -roofing or new construction. Mayor Pernell said he is in favor
I=
July 26, 1982 229
of the reduction of the amount of non fire -retardant material for
re -roofing, but since.the aim of the City Council is to develop
standards for fire retardant roofs throughout the City, he did not
think the requirement for fire -retardant roofing for all additions
should be changed to achieve consistency in the ordinance.
Councilman Heinsheimer suggested that Dr. Nebolon be advised
of the Council's deliberations in the matter, and that he be asked
to wait until a.final decision has been reached, since it could
affect him. The City Attorney suggested that the Mayor take a vote,
since it is clear that all members agree that the percentage of re-
roofing should be reduced from the present 2576 permitted, and the
only issue which has not been resolved is whether new construction
should be included within the percentage permitted, or whether the
requirement that all new construction have fire retardant roofing
should stand. Mr. Jenkins said a decision by the Council would.
enable the Manager to present the appropriate ordinances at the next
Council meeting. Councilwoman Swanson said she thought the ordinance
should be an urgency ordinance because of the high fire danger at
this time.
co
0 Councilwoman Murdock said it was her opinion that if a tree
- falls on a house and.roof repair is needed it should be of match -
ming material; if a room addition is built it should be of fire
m retardant.. material. Councilwoman Leeuwenburgh agreed.. Council-
woman Swanson, Councilman Heinsheimer and Mayor Pernell concurred
Q that material to match the existing roof should be limited.to a
specific number of square feet, whether for repair or new construc-
tion. The Manager was directed to present the appropriate ordinances
to the Council for consideration at the next meeting, and to advise
Dr. Nebolon of the Council's action..
THE CITY ATTORNEY WAS.EXCUSED FROM THE MEETING AT 9:30 P.M;
RECESS
The meeting was recessed at 9:30 P.M. and reconvened at 9:40 P.M.
OATH OF OFFICE 1815
Mayor Pernell administered the Oath of Office to Ronald L. Smith
confirming his appointment as City Manager, City Clerk and Deputy
City Treasurer.
PROPOSITION "A" - TRANSIT.FUNDING 1841
A letter from Los Angeles County Transportation Commission (LACTC)
dated June 251, 1982,was presented to the.Council. Copies of the
Proposition "A" Local Return Program Guidelines as they apply to -the
25% of half -cent sales tax funds going to all local jurisdictions for
public transit programs were attached.
The City Manager reported that by filing a project description
form and signing an "Assurances Agreement" the City of Rolling Hills
will become eligible to receive $19,061 for fiscal 1982-83. Mr.
Smith said he has discussed the matter.with City Managers in sur-
rounding cities, and it was agreed that some form of a joint venture
would appear appropriate. He said the total funding for the Peninsula
area including Lomita is $730,000 in fiscal 1982-83..
Councilwoman Swanson moved that the Council approve the recom-
mendations that a Transportation Fund be set up, that the project des-
criptions for usage of funds submitted by the City Manager be approved
in concept and that the Manager be authorized to pursue funding and.
sign necessary documents relative to Proposition "A" funds from the
LACTC. Councilwoman Leeuwenburgh seconded the motion.
Mayor.Pernell said use of the funds was discussed at the last
meeting of Peninsula Mayors and it was the consensus of the group
that an'effort be made to learn the sense of the community with
regard to transportation, and that the opinion of experts not be
-5-
MR,
July 26, 1982
sought as the first step. The,.Mayor said the Peninsula Transportation
Committee will make recommendations, based upon the local needs. Mr.
Courtright said he agreed with the Manager's recommendation that a new
fund be set up, and he said further that any expenditures from a fund
must be approved by the Council, so all expenditures of monies re-
ceived through Proposition "A" Funding for Transit will have to be
approved by the Council.
The motion made by Councilwoman Swanson and seconded by Council-
woman Leeuwenburgh was carried on the following roll call vote:
AYES: Councilwomen Leeuwenburgh, Murdock, Swanson
Mayor Pernell
NOES: Councilman Heinsheimer
ABSENT: None
PURCHASE OF XEROX COPY'MACHINE 1926
The Manager reported that the City has an opportunity to purchase
from Xerox Corporation the Xerox 4500 -Copier which is now being rented
at a cost savings of approximately $200 a month. Mr. Smith said the
purchase contract calls for 60 payments of $207.42 plus copy costs,
and at the end of five years the machine would be owned by the.City
and the costs would then be maintenance and copy costs. The Manager
explained that based on usage the equipment has a life.expectancy of
12 years. It was installed three years ago, and after five years of
payments, can be expected to serve for four years. :.The City Manager
said that discussions with staff indicate that everyone is satisfied
with the machine and its operation.
A motion to approve termination of the rental agreement and exe-
cution of the purchase agreement -was made by Councilman Heinsheimer,
seconded by Councilwoman Leeuwenburgh and carried by the following
roll call "vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
AWARD OF ROAD STRIPING CONTRACT 1970
The City Manager reported that an allocation of $93.000 has
been included in the 1982-83 fiscal year budget for road striping,
and bids were requested from three large firms in the area. The
lowest bid on each individual item requested and the low bid on
the total job was submitted by Traffic Operations, Inc. Mr. Smith
recommended that the contract be awarded to that firm for work not
to exceed $93,0003. and that priorities be established for Portuguese
Bend Road between Crest Road and the Main Gate; Crest Road, East and
West; and Eastfield Drive, for white lining perimeters and necessary
centerlines, with all STOP, REDUCE SPEED and STOP AHEAD markings in
the City being done.
Councilman-. -Heinsheimer .,moved- that the contract be awarded to
Traffic Operations, Inc. for work not to exceed $9,000, and he sug-
gested that priorities be discussed, and'that the matter be referred
to the Traffic Commission for a recommendation about where the great-
est need for markings is. Councilwoman Swanson seconded the motion,
and she suggested that the Traffic Commission be -advised that the
amount of striping and marking is being limited to the funds available
and that they be asked to consider.deleting portions of Crest Road
from the program and,adding Saddleback Road and Portuguese Bend Road
South. The motion was carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None -6-
July 26, 1982
LANDSCAPE CONTRACT BID .1991
231
The City Manager reported that the grounds around the City Hall
and tennis .courts have deteriorated and adverse comments have been
received regarding maintenance and appearance.. Because of the devel-
opment standards for property owners in the community and the require-
ments of the Landscape Committee, Mr. Smith recommended that the City
Council consider professional maintenance of the area. Bid proposals
from three local firms were submitted to the Council. The Manager
said the annual cost of upkeep would be approximately $4,200, with an
initial clean up charge of $500 to $700, and the prices do not include
any new plants or modifications to the areas. He suggested that the
Rolling Hills Women's Club be asked for financial assistance in the
initial clean up and planting to offset some of the costs associated
with the proposal.
Councilwoman Swanson suggested that the staff investigate the
feasibility of having twice weekly service, and that a "not to exceed"
clause be inserted in the contract. Councilwoman Swanson said the
Rolling Hills Community Association should be asked to share in -the
00 cost of the landscaping, and to agree that the entire matter is to
0 be handled by the City Manager so that the responsiblity will not be
divided. Councilman Heinsheimer suggested that the contract be re-
ferred to the Landscape Committee with a request.that they comment
regarding costing of additional plants and other extra charges.
co
Q Following the discussion Councilwoman Swanson moved that the
proposal be approved in concept; that the bids be referred to the
Landscape Committee with a request that a plan be prepared:..for the
City so a "not to exceed" clause can be inserted into the bid that
is awarded; that financial assistance for new plants and to offset.
labor costs be requested from the Rolling Hills Women's Club; that.
the Rolling Hills Community Association be asked to share in -the
cost of 'the maintenance; and that the Manager be authorized..to.
proceed with the contract when all.of the above conditions have been
fulfilled, at a.cost not to exceed $4,000 annually, with a start up
cost, so the cost for the first year does not exceed $5,000. The
motion was seconded by Councilwoman Murdock and carried by.the fol-
lowing roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
WALKWAY TO GAZEBO IN -TENNIS COURT AREA 2110
The City Manager reported that the gazebo in the tennis court area.
has been completed, and it is time to improve thewalkway to the area..
Mr. Smith said it is his understanding that the City had agreed to take
care of that item, and he asked that release of $1,800 from the Recre-
ational -Fund be authorized to be spent as follows: $1.,422 for a de-
composed granite ramp., and the balance for replacement of railroad
ties for $270; Mr. Smith said all work connected with the two'.items
can be accomplished at.a cost not to exceed $1,800. He said the ori-
ginal estimate submitted was $4.,200, and included new sprinklers;
this was reduced to $3,415, and has been further reduced to $1,800 for
the above mentioned items only,.and the Women's Club will be requested
to assist with the landscaping according to.a plan approved by the
Landscape Committee....
Mayor Pernell asked about the need to replace the existing rail
road ties. Mr. Smith said one of the ties has sunk and does not con-
form to code. He.said the ramp is in addition to the railroad tie
steps, and is something the City agreed to have installed.
The'City Treasurer advised the Council that the budget that they
reviewed was based on carried forward balances in the various funds
that the City expected to have on June 30, 1982, and the figures in
the budget were estimates. Now that the final figures are available
-7-
232
July 26; 1982
Mr. Courtright said that in every case they are less than was anti-
cipated. It was expected that the amount in the Recreation Fund at
the start of the fiscal year would be approximately $11,000, there
is in fact $8,770 as of July 1, 1982. With the addition of'$1,200.
revenue the balance is $9,970.in the fund. At this meeting a check
for $7,262 was delivered to Caballeros, leavink-a balance of $2,708
in,the fund. If the expenditure of $1,800 is approved a balance of
$908 will remain in the fund for the entire fiscal year. Mr. Court -
right said he is not recommending that the request not be approved;
he wishes to advise.the Council of the status of the Recreation Fund;
Mr. Smith said the appropriations for Caballeros and the proposed
appropriation for the tennis court area are from funds carried over
from last year. .
With regard to the General Fund, Mr. Courtright said it was ex-
pected that there would be an ending fund balance of $35,0003. but the
actual revenues are $4,000'less than anticipated, and actual expendi-
tures are $8,000 more than anticipated, resulting in an ending fund
balance next year of $241000 instead of $35,000, according to the
budget. Councilman Heinsheimer said that in light of the Treasurer's
report to the Council he questioned whether the expenditure should be
made, and he suggested that it be deferred for a few months. The
Manager said it was his understanding that completion of the access
is something that was committed by the City, but he would not proceed
unless directed by the Council to do so. Mayor Pernell said that when
the commitment was made the shortfall in the budget was not recognized.
Councilman Heinsheimer suggested that the railroad tie which has sunk
be repaired as an item of maintenance.
Councilwoman Murdock asked whether the Tennis Club proceeded with
construction of the gazebo with the understanding that the City would
provide the access to it. Mayor Pernell said that when the plan was
submitted to the Council for review it was noted that a ramp to provide
accessibility to handicapped persons had been omitted, and the Council
agreed that accessibility to the gazebo should be.available for all
persons, and agreed that it should be put in, which is a commitment,_
but since there was no definite time stated at which it should be put
in, the Mayor said it could be deferred. The City Manager reported
that in a telephone conversation with.the former Mayor, Mason Rose
said there was a commitment on the -part of the City to install a ramp,
and he asked that the gradient be 1 to 12, which is the standard ramp
gradient.
Mayor Pernell directed that the step be repaired to make it in
compliance with the code, and to bring the matter back to the Council
at a later date. He approved referral of the plan to the Landscape
Committee.
MATTERS FROM THE CITY MANAGER 2204
Mr. Smith said he has been placing incoming mail such as meeting
notices and other information items in the individual boxes reserved
for members of the Council, and he reminded them to collect the mail.
Councilwoman Swanson asked that the Council be alerted to items of
importance that come in.
OVERCHARGE FOR INSURANCE 2225
The Manager reported that he had discussed Councilwoman Swanson's
concern about the high cost of insurance for employees,with a repre-
sentative of the City's health and life insurance carrier and it was
determined that the City has been overcharged, and a refund will be
made to the City, and an adjustment will be made.
PUBLIC HEARING, ANTENNA TOWERS 2228
The Manager advised the Council that a hearing on the appeal of
the decision of the Planning Commission with regard to the Conditional
Use Permit issued for the antenna towers in the Crest Road easement
has been scheduled for the meeting of August 9. Mr. Smith said the
mo
July 26, 1982 233
complete file is in.his office for review by members of the Council
before the hearing.
PERSONNEL SESSION 2235
The Manager.requested a brief closed session to discuss personnel
matters at the end of.the meeting.
PROCEDURAL APPROACH TO FLYING TRIANGLE LANDSLIDE 2232
The City Mana.zer displayed a chalk board analysis of the Flying
Triangle slide, broken into three.areas. r.4r-. Smith said he would not
address the first'two•issues; Legal or Causative, but would speak to
the third issue, which is Solution. Mr. Smith said there are two parts
to the Solution; Technical, including buttressing the canyon or some
other physical method. The geologists have not yet agreed"on what
should be done, but he said it appears that some sort of buttress,
using earth to reinforce, will be pursued. The other part of the solu-
tion is Funding., as pertains to sewers and geology, which can be
handled through two separate assessment .districts. Mr.. Smith said.
00 he is concerned about how the initial money to build a sewer line
0 will be generated, and about money for the geotechnical work, which
T� could cost $750,000 to $1,000,000. One approach is through bonds,
malthough interest is.high on bonds in a geotechnical hazard area.
m Mr. Smith said he has started to look into..a long term loan commit-
ment of the City through an assessment district, which involves two
Q . agencies: the Small Business Administration and the Farmers Home
Mortgage Administration, which deals with.sewer line funding.
In response to questions by the Mayor and the City Treasurer,
Mr. Smith said he is addressing only properties in the Flying Tri-
angle as being within the proposed assessment districts, and the
City would be the administrator.,_ with assessments collected through
the tax bills.. Mr. Smith said it is important that the City move..-
out of the discussion realm and get into the specifies of a solution
to both the geology and the sewers. He said Lowry and Associates,,.
the firm that prepared the report on a low .pressure sewer system,
has been asked to look at a gravity flow system. Lowry sent a firm
that specializes in .building low pressure sewer systems to the Sani-
tation District to demonstrate how a low pressure system could work,.
and there is a debate between.the Sanitation District and the manu-
facturer over the sulphide standards, with the manufacturer asking
for a 160% deviation from the Sanitation District's standards. Mr...
Smith said he advised the manufacturer that it would be necessary
for them to come closer to the standards to be acceptable.
Mr. Smith said geology is a major problem, stating that it is his
opinion that it is not being pursued as it should be. He asked the
Council for guidance in the matter, and whether he should pursue the
geologists in an effort to get some action. He said there is a great-
sensitivity
reatsensitivity among County geology personnel that he is aware of,. and
he said it is his opinion that no effort is being made to arrive ata
solution froma geotechnical standpoint. The Manager said he considers
the problems in the Flying Triangle the highest.priority in the City
and something should be done.
Mayor Pernell said there are several elements to the solution,
one, the moving of a massive amount of earth into the canyon, -with
no assurance that the buttress will stabilize the slide. Another
aspect is removal of moisture from the soil and prevention of the
introduction of any more moisture, which is what will be accomplished
by sewers. Another aspect which must be considered, the Mayor said,
is what is going to happen when it rains, and how to keep the water
from penetrating the earth to the fluid or lubricated strata.
The Mayor said it his impression that the Council was in-
structed to stay out of the matter as much as possible, that the
City has a certain liability, that the problem exists on private
property with private homes, and the City can.provide direction and
information, but to do it.exposes the City to extensive liability.
Mr. Smith said he had discussed the matter with the City Attorney
and had advised Mr. Jenkins that he wishes to proceed in the matter.
WIIM
234
Mayor Pernell said it
encourage the residents as
expenditure was authorized
the residents. The Mayor
July 26, 1982
has been the position of the Council to
much as possible, and for that reason an
for the sewer study which was proposed by
asked for comments from the Council.
The City. Treasurer said financing will be a critical item and
he offered to work with the City Manager in .discussing- the various
financing methods available with people who are knowledgeable in the
field, since he has had considerable experience with municipal finan-
cing. Councilman Heinsheimer said there is an emerging consensus in
the community that action should be taken with regard to installation
of sewers, and he said the Council should.proceed in that area.. With
regard to geology, he said he does not see that anything is happening
in that area. He explained that the Council originally approached the
problem from that standpoint, but there was not the community interest
or enthusiasm, money or input necessary to proceed, since the percep-
tion seemed to be that certain properties were directly affected by
the slide, other properties were not as directly affected, and they
owners of those properties wished to avoid any taint by the problem.
He said it is his opinion that the slide is not going to be stopped, .
and the Council should proceed on approaching the matter of sewer
installation, which would be of benefit to the entire area. Mayor
Pernell said that rather than the lack of support Councilman Heins-
heimer described, there was actually community opposition to the idea
of spending any City money on the slide in the Flying Triangle area.
Mr. Courtright said it was his impression that sewers might be
considered for the entire City, and if that is so it would.not be
necessary to have a special assessment district within the Flying
Triangle, but to have a special sewer assessment for the entire City.
Councilwoman Murdock said sewers are being considered initially for
the Flying Triangle area, but eventually sewers will be considered
for the entire City. She said a sewer district in the Flying Triangle
would be implemented as an approach to alleviate the immediate prob-
lems. The Mayor said a recent subdivision in the Johns Canyon area
will have sewers asa condition of approval of the tract.. The City
Treasurer said it is possible to approach installation of sewers as a
long range project over a number of'years, and separate districts for
each area are not necessary. He.suggested that funding of that type
be explored. Mayor Pernell said residents in the Flying Triangle are
interested in sewers because they are affordable,. and may help stop or
slow the slide, but there is a general feeling that other approaches
will not accomplish what sewers will, and are not really affordable.
Mayor Pernell thanked Mr. Smith for his report to the Council.
CLOSED SESSION 2470
The meeting was recessed to a closed session at 11:10 P.M.
MEETING RECONVENED
The meeting was reconvened and Mayor Pernell reported that
matters of personnel were discussed and the Council received'a
report made by the City Manager.
Councilman Heinsheimer moved that the following positions be
established: Intermediate Stenographer, compensation $12,650 annually;
Deputy Finance Officer, compensation $20,.790 annually;':and that the
position of Maintenance Assistant be removed from the Budget on the
recommendation of staff in a report to the Council, effective as
follows: reclassification of Secretary'to Intermediate Stenographer
effective August 10, 1982; reclassification of Bookkeeper to Deputy
Finance Officer effective August 1, 1982; elimination of position of
Maintenance Assistant effective August 6, 1982. The motion was
seconded by Councilwoman Swanson and carried by the following roll
call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Swanson, Mayor Pernell
NOES: None
ABSENT: None -10-
July 26, 1982 2�5
ABSENCE FROM COUNCIL
Mayor Pernell said he may be absent from the August 9.meeting; he
will advise the City Manager in a few days as to whether he will be
present. Councilwoman Swanson said she will not be present at the
meeting.o.n August 23.
ADJOURNMENT
The meeting was adjourned at 11:50 P.M.
-11-
City Clerk