Loading...
6/13/1983396 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 13, 1983 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 Murdock at 7:30 P.M. Monday, June 13, 1983. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock ABSENT: Councilman Heinsheimer (arrived at 7:40 P.M.) Councilman Pernell (arrived at 8:05 P.M.) ALSO PRESENT: Ronald L. Smith Michael Jenkins Dr. & Mrs. R. Hoffman Mrs. S. Ikezawa Mr. & Mrs. C. Fischer T. Wachtell APPROVAL OF MINUTES The minutes of the meetings on May 3 and May 15, 1983 were approved and accepted as presented on a motion made by Councilwoman Swanson, seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell Councilwoman Swanson said that the minutes of the meeting on May 23, 1983 did not adequately address requirements for drainage on the La Caze property, Parcel Map No. 14467, and she requested that the minutes reflect her request that requirements for drainage be incorporated in the approval of the map, and that the subdivider's engineer be informed of the requirement that drainage improvements for the property are to be installed at the time the site is graded. Councilwoman Swanson moved that the minutes be approved as corrected. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: . AYES: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell PAYMENT OF BILLS Councilwoman Swanson moved that Demands No. 11152 and 11153, and 11155 through 11185 in the amount of $23,865.99 be approved for payment from the General Fund; that Demand No. 11157 in the amount of $2,584.68 be approved for payment from the Fire and Flood Self -Insurance Fund, an that Demand No. 11154 be voided. The motion was seconded by Council- woman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock NOES: None ABSENT: Councilmen Heinsheimer, Pernell COUNCILMAN HEINSHEIMER ARRIVED AT THE MEETING AT 7:40 P.M. June 13, 1983 RESOLUTION NO. 510 397 The City Manager presented Resolution No. 510 entitled A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING WITH CONDITIONS TENTATIVE TRACT 35516, and he explained that the resolution contains findings of the City Council with regard to Tentative Map No. 35516 filed by Dr. and Mrs. J. Ralph Black, and Exhibit "A" attached to the resolution defines the conditions attached as part of the City Council's approval of the tentative map on May 23, 1983. Resolution No. 510 was adopted on a motion made by Councilwoman Swanson, seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers.Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell RESOLUTION NO. 511 The City Manager presented Resolution No. 511 entitled A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING WITH CONDITIONS TENTATIVE PARCEL MAP NO. 14467. The Manager noted 00 that the resolution.contains findings of the City Council with regard 0 to Tentative Parcel'Map No. 14467 filed for the La Caze division of r-1 property, and in addition to the conditions attached as part of the Co Council's approval on May 23, 1983, Condition No. 33: "All drainage Co improvements for the property are to be installed at the time of site grading" has been added to the conditions in Exhibit "A", an attach- ment to Resolution No. 511, to address concerns about drainage ex- pressed by Councilwoman Swanson when the tentative map was approved. Resolution No. 511 was adopted on a motion made by Councilwoman Swan -- son, seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell SEWER STUDY COMMITTEE The Manager presented the results of a survey of 84 property owners in an area being considered as a possible sewer district as follows: 34 responses were received, with 10 property owners express- ing opposition to the proposal, 23 expressing support, and 1 resident making comment, with no indication of opposition or approval. Mr. Smith said there was a.39.28% return rate, which was not as good as anticipated; however, of the 10 residents who indicated opposition, 6 are within the. Southfield area, indicating that most of the opposition would come from Southfield residents. Of the residents who expressed support of the proposal, 9 residents asked that their approval be con- ditioned upon action directed towards also abating the slide. The Manager said the responses are available for review. The City Manager reported that the agreement with Merrill Lynch which was prepared by the City Attorney has been supplied to members of the Council. Councilman Heinsheimer said he feels the government- al operation is expanding to include the geological hazard abatement in addition to consideration of sewers, which was the original intent of the Council, and he said he wished to ensure that the City can turn the matter over to another party, and also to ensure that the items in the study would be done in the proper sequence. COUNCILMAN PERNELL ARRIVED AT THE MEETING AT 8:05 P.M. Councilwoman Swanson, Chairwoman of the Sewer Study Committee, said the Committee had determined that it would be appropriate to study both aspects, since there is a consensus that lack of sewers affects the slide; she said the Council is not committed, and is still considering the recommendations of the Sewer Study Committee. -2- June 13, 1983 The Manager said the Request for Proposal which was approved by the City Council and sent to 11 financial institutions included a request for proposals for financing a geological hazard abatement as well as a sewer district, and both are included in the Merrill Lynch proposal; however, the City Council is not mandated to approve the geological portion as part of the agreement. Dr. Richard Hoffman, 73 Portuguese Bend Road, said it is necessary to.have financial in- formation on both installation of sewers and abatement of the geolog- ical hazard, stating that the boundaries of the districts could be modified as necessary. Mayor Murdock said it was her understanding that there would be a study of two separate districts, since some of the properties which might be included in a sewer district would not necessarily be in a geological abatement district. Following the discussion Mayor Murdock asked that members of the Council submit comments and questions about the proposal and agreement in writing to staff for compilation and further discussion at the next meeting. OPEN AGENDA Mayor Murdock opened the meeting to discussion from the floor. Dr. Richard Hoffman stated that he was present to represent more than 30 residents of the Flying Triangle area who want action regarding the safety of Portuguese Bend Road. Dr. Hoffman said there has been one accident and more could occur, and he stated that he is pleading with the City Council to do something about the safety of the road; he asked that this be made part of the record and reported in the minutes. Mr. Tom Wachtell, 35 Crest Road East, said'he wished clarifi- cation of the City's contract with Merrill Lynch. Mayor Murdock explained that Merrill Lynch was selected after a statewide solici- tation for proposals, and the City is not committed to anything under the contract which is being reviewed by -the City Council. With regard to the questionnaire, Mr. Wachtell said it did not ask the right questions, and it was his opinion that the wording in the questionnaire limited the response, since it asked whether or not residents approved a study, without giving information about what it might cost or entail. Mr. Vl chtell. said that prior to purchasing his property and building his home he and his wife looked at several lots and had geological reports reviewed by geologists who advised against purchase of land for building in the Flying Triangle, stating that the name of the area is descriptive. of the property in the area. Although his property is not in the Flying Triangle, Mr. Wachtell said he is now being asked to participate in a sewer system which will distribute the costs among residents who live outside of the Flying Triangle: Dr. Hoffman said he wished to respond to Mr. Wachtell, stating that the opportunity to do so was long overdue following similar state- ments at a community meeting a few years ago. Dr. Hoffman said there are over forty active landslides in Rolling Hills, and the name Flying Triangle has no significance with regard to land stability. Further, he said the people who bought property in the Flying Triangle between 1970 and 1980 did so with the understanding that the land had a stabil- ity factor of 1.5 and could be built on, according to a report which was approved by the County Engineer. Dr. Hoffman said that one of the contributing factors to the landslide, in his opinion, is diversion of water from Crest Road into the Flying Triangle. Mr. Wachtell stated that no berms have been constructed on his property, and the water follows the natural course it has followed through the years. Councilman Heinsheimer asked whether a geological abatement dis- trict could enter into an agreement with the Rolling Hills Community Association with regard to improvement of the roads as part of the abatement, and whether a geological abatement district could require sewers as part of the abatement. The City Attorney explained that the City can create a sewer assessment district for the purpose of finan- cing sewer improvements, and the City would be the political entity responsible for creating the benefit district. He said further the City can also, through petition of property owners or initiation by the City Council, establish a geological hazard abatement district -3- June 13; 1983 399 which would be a separate political -entity which could include sewers as part of the correction of the landslide without the necessity of a sewer assessment dist-..i•ct unless certain sewers were recommended out- side of the geological hazard boundaries. With regard to road improve- ments, Mr. Jenkins said any repairs in connection with abatement of the slide would be between the abatement district and the Community Associ- ation, and ultimately financing would be handled between the assessment district and Merrill Lynch, and not with the City. Mrs. Bea Fischer, 1'Southfield Drive, said some owners of property on Southfield Drive have stated that they would not pay, even if they are included in an assessment district, and she asked who would guarantee the bonds. The City Manager explained that the bonds are guaranteed by the district, not by the City, and failure of a resident to pay could result in the placement of a lien upon the property. Dr. Hoffman said the main concerns relative to Portuguese Bend Road are possible injury and lack of safety because of narrowness of the road, and he urged that steps be taken to restore the road to a two lane safe road. Mrs. Sherri Ikezawa, 10 Packsaddle Road West, asked for clarification about whether the Council is considering a 00 sewer district or a landslide abatement district, and which of the O districts Merrill Lynch has been retained to finance. Mrs. Ikezawa was advised that no decision has been made and the Council is attempt- ing to obtain as much information as possible. The Mayor explained m that the Council is in the process of determining feasibility and m financing, but no decision has been made with regard to what districts Q should be formed, and no boundaries have been established. In response to Dr. Hoffman's comments about the road, Councilman Heinsheimer read into the record a sentence from a letter from the Los Angeles County Road Department dated June 9, 1983 which stated that anyone who drives with due care can safely drive Portuguese Bend.Road south of Ranchero Road, and he said it is important that everyone under- stand that the City depends on the opinion of the Road Department that the road is safe, and that once the issue of road safety is determined use of City funds..for repair or maintenance of roads could challenge the private status of the roads in Rolling Hills, since maintenance and repair of roads is under the jurisdiciton of the Rolling Hills Community Association. Councilman Heinsheimer said this is not a matter of con- venience, but is a basic policy of the City and the desire of the Community Association in maintaining the private status of the roads. Dr. Hoffman asked if that statement is correct, and the City Attorney said Councilman Heinsheimer's statement is absolutely correct. Mrs. Carold Hoffman said it has been her understanding that the City has responsibility for the safety of the road, and she said the opinion expressed by Mr. Tidemanson of the County Road Department was made on June 7, and is not based on day to day observation of the status of the road. The City Attorney explained that the items under the jurisdiction of the City include law enforcement, police protection, violations of the Motor Vehicle Code, and that maintenance of.the roads is not under the City's jurisdiction and no public funds are used on the roads. Mr. Jenkins said all money spent on maintenance of the roads andrepair of roads comes from Rolling Hills Community Association funds. If the road needs to be closed because of a law enforcement problem Mr. Jenkins said the City would have the juris- diction to do so. In response .to a question from Mr. Wachtell, the City Attorney 'said -that if Portuguese Bend Road were rebuilt it would be the Association's responsibility to rebuild it. LETTER --FROM CHIEF BRUNSTROM RE: STANDARDS FOR BRUSH CLEARANCE In a letter dated June 7, 1983 Fire Chief Ray Brunstrom outlined standards agreed to by the County Fire Department and based on a technical report by Stanford Research Institute for brush clearance in the City of Rolling Hills, and he recommended that since residents have accepted standards which exceed those in other areas, they be continued. ORDINANCE NO. 200 Councilman Pernell moved that Ordinance No. 200 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE FIRE CODE SECTION 27.301 AND SETTING STANDARDS FOR FIRE BREAK FROM HOMES OF 30 FEET -4- 0+ i'' June 13, 1983 AND ADDITIONAL FIRE PROTECTION LANE OF 100 FEET, WITH VEGETATION HEIGHT TO BE SIX (6") INCHES IN THE FIRE PROTECTION LANE be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: None RESOLUTION NO. 512 The City Manager presented a resolution which sets forth the findings of the City Council with respect to local conditions which make modifications to the County and Fire Codes reasonably necessary. Councilwoman Leeuwenburgh moved that Resolution No. 512 entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF ROLLING HILLS WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 1981 LOS ANGELES COUNTY BUILDING AND FIRE CODES (1979 UBC; 1976 UFC) REASONABLY NECESSARY AS ESTABLISHED IN ORDINANCES NO. 199 AND 200 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 Heinsheimer, Leeuwenburgh, Pernell,, Swanson Mayor Murdock NOES: None ABSENT: None MATTERS FROM THE CITY ATTORNEY The City Attorney reported that a suit has been served on the City by Sonya and James Evans. MATTERS FROM THE CITY COUNCIL BUDGET LETTER TO COMMUNITY The Mayor reported that a letter will be sent to .residents -ad- vising of'a public hearing on the Budget at the June 27, 1983 meeting and outlining the new schedule for the City Manager, who will assume a part time schedule effective July 1, 1983. TRANSPORTATION COMMITTEE PROPOSAL Mayor Murdock said she will attend a meeting of the Committee of Mayors on Wednesday, June 15, 1983 and matter of transportation on the Peninsula will be discussed. The Mayor invited input from the Council. LEGISLATION RE: LOCATION OF LANDFILLS AND TRANSFER STATIONS Mayor Murdock reported that the Council has been asked to take a position on Senate Bill 965 which requires that landfills and transfer stations be located more than one mile from residential areas. The Council concurred that it would be proper for the Mayor to discuss the matter and take appropriate action through membership on the Board of Directors of the County Sanitation District. JUVENILE DIVERSION POLICY BOARD MEETING Councilwoman Swanson asked whether recent meeting of the Juvenile Diversion sence from the City. Mayor Murdock said able to attend the meeting. -5- the City. -was,.... -represented at a Policy Board during her ab - no member of the Council was June 13, 1983 LETTER TO DR. AND MRS. LARRY KELLY 401 Councilman Pernell asked whether there was any response from Dr. and Mrs. Larry Kelly, 2 Pinto Road, to a letter from the County Engineer advising that a portion of their residence is.unsafe. The City Manager said Dr. Kelly had called and advised that his insurance company would make an inspection. A follow-up certified letter was sent to Dr. Kelly and no response has been received. DEMAND PAYABLE TO J. KELLY Councilwoman Swanson said she noted that there was a demand for salary for Jacqueline Kelly, an'employee of the Rolling Hills Com- munity Association. The Manager explained that Mrs. Kelly has been working for the City as a temporary employee during the vacation of the Deputy City Clerk. Councilman Pernell suggested that in the future such payment be shown as a reimbursement to the Community Association rather than a City salary item. 00 SUBDIVISION AGREEMENT O The City Manager presented the new Subdivision Agreement which was prepared by the City Attorney and will be executed by future m subdividers of land in the City. Mr. Smith said it provides for an Co inflationary adjustment each year, or at the discretion of the City Q Manager, and will provide better control of cost figures for improve- ments which are not done immediately. STREET STRIPING, MIDDLERIDGE LANE NORTH AND CITYWIDE The Manager reported that he does not normally request expendi- ture of funds prior to adoption of the operating budget, but he wished to request approval of a contract for roadway striping on Middleridge Lane North to be done in conjunction with paving being done on that road. Mr. Smith said some funds are available, and unless there is a major objection from the Council he wished to proceed with the contract for striping city-wide; he was authorized to proceed immediately. RECESS The meeting was recessed at 9:50 P.M. to a closed session to discuss potential litigation. MEETING RECONVENED Mayor Murdock reconvened the meeting and announced that litigation and potential litigation regarding the landslide was discussed, and no decisions were made. The City Manager was requested to prepare a reso- lution of intent to establish a Geological Hazard Abatement District in the Flying Triangle area to be placed on the agenda for the meeting of July 11, 1983. ADJOURNMENT Mayor Murdock adjourned the meeting at 11:50 P.M. to Monday, July 11, 1983 at 7:30 P.M. City Clerk. APPROVED: I.