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3/28/1983356 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA March 28, 1983 N 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, March 28, 1983. ROLL CALL PRESENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell ABSENT: None ALSO PRESENT: Ronald L. Smith City Manager L. D. Courtright City Treasurer June Cunningham Deputy City Clerk Gladys Black R. H. Women's Club Mr. & Mrs. Paul Mitchell Residents APPROVAL OF MINUTES The minutes of the meeting on March 14, 1983 were reviewed, and Councilwoman Murdock noted that on page 3, the first paragraph, the height of the proposed structure should be 110 feet, not 210 feet as reported. The minutes were approved and accepted as corrected on a motion made by Councilwoman Murdock, seconded by Councilwoman Leeuwen- burgh and carried unanimously. PAYMENT OF BILLS Councilwoman Swanson moved that Demands No. 11025 through 11046 in the amount of $12,171.18 be approved for payment from the General Fund, and that Demand No. 11024 be voided. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell NOES: None ABSENT: None FINANCIAL STATEMENT The Financial Statement for February 1983 was approved and accept- ed as presented on a motion made by Councilwoman Swanson, seconded by Councilwoman Murdock and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson, Mayor Pernell NOES: None ABSENT: None EVALUATION OF PROPOSALS, FLYING TRIANGLE AREA SEWER AND GEOLOGIC PROGRAM 2 The City Manager reported that requests for proposal on options for the sewer and land stabilization programs in the Flying Triangle area which were received from financial underwriting firms had been distributed to members of the Sewer Study Committee and to.the City Council. It was the Manager's recommendation that the proposals be reviewed by the Sewer Study Committee, and a report be made to the Council. Councilwoman Swanson, Chairman of the Sewer Study Committee, said the Committee will meet to review the proposals on April 4, 1983. Mayor Pernell ordered the matter held on the agenda for a report from the Committee. 11 357 March 28, 1983 EVALUATION OF PROPOSAL BY HUMANE SOCIETY FOR ANIMAL CARE AND CONTROL 180 The City Manager presented a proposal dated March 10, 1983 from the Southern California Humane Society for providing animal care and control to Rolling Hills, and generalized costs, including $1050 for dog licensing; $808 for door-to-door canvass; field services, $15 per hour and kennel costs, $150 per month. In discussing the matter Mrs. Gladys Black, Women's Club repre- sentative said she considered the County pound facilities superior to the Humane Society facilities, which she said were adequate. Mrs. Paul Mitchell and Councilwoman Murdock asked about disposition of animals for which a home cannot be found; the Manager explained the procedure and was asked to determine whether animals are ultimately used for research. Members of the Council agreed that the canvass of residences should be held in abeyance when considering the proposal. Following the discussion Councilwoman Swanson moved that the Council implement the agreement with the Humane Society, that the door-to-door canvass not be part of the agreement at this time,. and that the City Manager provide a draft of the contract to the Council. Councilman Heinsheimer seconded the motion, contingent on a report by the City Manager on whether animals are used for research purposes. The motion carried on the.following roll call vote of the Council:. AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: None CLAIM AGAINST THE CITY BY MORTON H. NAHRWALD..RE: 74 PORTUGUESE BEND ROAD 446 A` claim: in the• amount _of .$2,000,'000-:.f or" property- damage and/or loss of marketability filed by'Mort,dh H. Na.hrwald, executor of the.estate. of Richard P."Nahrwald, 74 Portuguese;Bend Road, was rejected and..r.eferred to the City's insurance carrier on -a motion made by'Councilwoman Swanson, seconded by'Councilwoman,Murdock and carried by the following roll call vote:. AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: None MATTERS FROM THE CITY COUNCIL 460 0. APPOINTMENT - COUNCILWOMAN SWANSON Councilwoman Swanson said she has been notified',by.'the'President of the League of California Cities of her appointment to the League's State Policy Board.on Transportation:for`.a',.period of :one year, which she has accepted. Members of the Council congratulated Councilwoman Swanson on her appointment. Councilwoman Swanson reported that she recently went to Washington as Director of the Rapid Transit District Board and attend- ed meetings on transportation and funding; while there she met with a number of members of the California Congressional delegation. ERRONEOUS STATEMENT IN NEWSPAPER - COUNCILWOMAN MURDOCK Councilwoman Murdock said that in a recent news account of a City Council meeting in Rolling Hills an erroneous statement was attributed to the Council with regard to the Flying Triangle area. Following ds- cussion members of the Council agreed that the statement was incorrect, and Mayor Pernell asked that the record reflect that the Council had noted the inaccurate statement.in the newspaper account. !.J -2- 358 March 28, 1983 MATTERS FROM THE CITY MANAGER 550 WEED ABATEMENT PROGRAM The Manager reported that he has been advised by County Fire Depart ment personnel that a high fire danger will exist because of rapid re- growth of weeds as a result of the winter rains, and it may be necessary to repeat early removal of weeds. Mr. Smith said a public relations program will be conducted by the local fire station, with the cooperation of the City, and residents will be kept informed on the matter. UNLICENSED DOGS 590 The Manager reported that there has been an increase in the number of complaints filed by residents concerning incidents in which the dog committing the nuisance has not been licensed. Mr. Smith said it is imperative that dogs be licensed as a guarantee that they are vaccinated. The Manager said that the County has recommended that when a dog is loose in the City without a current Rolling Hills dog license attached, the dog be impounded or the owner be cited. Members of the Council agreed and the Mayor asked that residents be advised in a public information campaign. EQUAL ENFORCEMENT OF ORDINANCES BY CITY The Manager reported that there are instances in the City where it is difficult to enforce ordinance requirements because of nebulous word- ing in the ordinances, i.e. "reasonable period of time". Following dis- cussion the Manager was directed to act in cases which involve health and safety issues. REFERRAL TO DISTRICT ATTORNEY FOR PROSECUTION OF VIOLATIONS The City Manager reported that when his°effort to bring a pro- perty into compliance with the Municipal Code, or in response'to a complaint i.s not effective, the matter has been referred to the Sher- iff or to the District Attorney for enforcement. Following discussion the Mayor asked that future matters which cannot be resolved through the efforts of the City Manager working with the resident be brought before the City Council before being referred to the Sheriff or the District Attorney. PARTICIPATION IN PUBLISHING OF PENINSULA -WIDE RECREATION GUIDE The Manager displayed a copy of a guide to Peninsula recreational facilities, and advised the Council that the City had been invited to participate in the cost of publishing the booklet four times a year at an annual cost to the City of $360. Usage -of the recreational facilities by Rolling Hills residents was reviewed. Councilwoman Swanson moved that the City participate in the publication. The motion was seconded by Councilwoman Murdock and carried unanimously. DEMOLITION OF RESIDENCE AT 5 CREST ROAD WEST 958 The Manager reported that a letter of intent to demolish the partially completed residence at 5 Crest Road West was received from Francis Torino of Torino Construction Corp., the new owner. PAYMENT OF BOND BY FREMONT INDEMNITY The Manager reported that the City Attorney has received a check in the amount of $28,000 from Fremont Indemnity for road improvements on :.the Roger Meurer subdivision on Upper Blackwater ,Canyon Road for �vhich a bond was secured. Mr. Smith said the payment was made as a result of intervention by Assemblyman Gerald Felando with the California State Department of Insurance after refusal by Fremont to make payment to the City. The Mayor and Council asked that a letter of appreciation be written to Assemblyman Felando. ACCEPTANCE OF BONDS FOR IMPROVEMENTS The Manager asked whether the City Council wished to amend its policy with regard to acceptance of bonds for improvements required as a condition of approval of a subdivision or property improvement. -3- 359 March 28, 1983 The Manager was asked to make a recommendation, and he said that for amounts less than $50,000 it was his recommendation that cash or a negotiable security be required; in larger sums a bond could be accepted. Members of the Council concurred with the recommendation. EMERGENCY CONTINGENCY PLAN FOR FLYING TRIANGLE AREA 999 The Manager reported that he has met with representatives of the utility companies in connection with formation of an emergency contin- gency plan for the Flying Triangle area. Mr. Smith said Southern Cali- fornia Gas Company personnel have made provisions for major disruptions of service, and a master shut-off switch was installed two years ago. Because of the current rate of movement in the area, all installations of gas lines in the area will be moved above ground,.and the trenches.. will be covered. New lines will be installed by Southern California Edison and General Telephone to replace existing lines which have be- come taut because of slippage of the land, and the new lines will be of a type which will give to accommodate the movement. The Manager said most of the problems encountered with water service have occurred co on private property, and all water installations in the area are now 0 above ground, except for the installations on private property between Tj the meter and the residences. The water service company has recom- mmended that flexible lines be installed between the meters and homes mon private properties, and has offered to assist residents in arrang- ing for the installation. a SURVEY AND MONUMENTING IN FLYING TRIANGLE AREA Mr. Smith said that in response to a request by Dr. Ehlig., a service request has been issued for survey and placement of monuments in the Flying Triangle area for the purpose of evaluating the slide, with the work to be done by Los Angeles County Department of Engineer. The Manager said Dr. Ehlig had met in the field with County represent- atives to define what should be done, and it is his understanding that a survey crew will do the work next Wednesday. He said the work will take approximately three days, at a cost of approximately $750 a day, with an additional day for reading. Mr. Smith said it will be neces- sary for the survey crew to go onto certain private properties to establish fixed points, and residents who have been contacted have indicated willingness to permit the engineers to go on their properties. REQUEST FOR WAIVING OF PERMIT FEE 1110 The Manager reported that Mr. and Mrs. Doak had asked whether the permit fee of $112 for installation'of a holding tank could be waived, since the work was done in compliance with a request by the City in an effort to eliminate discharge of effluent into the ground. Members of the Council agreed that such fees be waived, and refunds be made in cases where work was done at the City's request. ANTENNA Councilwoman Swanson asked that the Council be given an.updated report on the antenna. Mayor Pernell said the matter is in the hands of the Rolling Hills Community Association, and it is not appropriate for the City to act on the matter at this time. Councilwoman Murdock said it is her understanding that the Board of Directors will attempt to resolve the matter at their next meeting. "GRANNY HOUSING" Councilwoman Murdock asked the status of action by the City in the matter of secondary housing on residential property known as "Granny Housing". The Manager said an ordinance is being drafted, and a staff report will be presented by the City Attorney and the Manager in April. CLOSED SESSION The meeting was recessed to a closed session at 9:05 P.M. N 36® March 28, 1983 MEETING RECONVENED The meeting was reconvened at 10:15 P.M. and Mayor Pernell said the Council discussed possible litigation and mitigable aspects of the Flying Triangle. ABSENCE FROM NEXT MEETING Councilwoman Swanson said she will not be present at the next Council meeting. ADJOURNMENT The Mayor adjourned the meeting to Monday, April 11, 1983 at 7:30 P.M. A TTT/1<)T�T e5e-'� - e-'4'-3K City Clerk -5- N