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8/22/1983• a• 421 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 22, 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, August 8, 1983. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Leeuwenburgh, Pernell, Swanson Mayor Murdock Councilman Heinsheimer Ronald Smith Michael Jenkins L. D. Courtright June Cunningham Richard Esposito David Hall Robert Baird Mrs. Betty Bathgate Dr. David Bray Lowell Lusk Andrew Shaw Mrs. Gladys Black Mrs. M. Swafford Mrs. L. Agid Mr. & Mrs. T. Boyd W. Clayton Mr. & Mrs. E. Doak Mr. & Mrs. W. Field Mr. and Mrs. C. Fischer Mrs. E. Hankins Miss S. Hankins Dr. & Mrs. R. Hoffman Mr. & Mrs. L. Hutchinson Mrs. A. Krauss Y. P. Liu Mr. & Mrs. P. Mitchell Mrs. E. Pedersen Mrs. B. Raine Mr. & Mrs. A. Russell Dr. & Mrs. P. Saffo Mrs. K-. Sawyer M. Smith Mr. & Mrs. J. Tielens Mrs. V. Virtue Mrs. M. Wagner Mrs. S. Jenkins City Manager City Attorney City Treasurer Deputy City Clerk Palos Verdes News South Bay Daily Breeze General Telephone Co. Rolling Hills Community Association Board of Directors Rolling Hills Womens' Club Realtor Residents Councilwoman Leeuwenburgh requested that the minutes of the meet- ing on August 8, 1983 with reference to a proposed.:burglar'alarm ordi- nance, page 2, second paragraph, be amended in line four .to state."all. alarm owners", and she moved that the minutes be approved and accepted as amended. The motion was seconded by Councilman Pernell and carried by the following roll call vote: . AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Murdock NOES: None ABSENT: Councilman Heinsheimer ABSTAINED: Councilwoman Swanson �22 PAYMENT OF BILLS August 23, 1983 Councilman Pernell moved that Demands No. 11286 through 11308, with the exception of No. 11293, which is void, be approved for pay- ment from the General Fund in the amount of $79,793.70. The motion was seconded by Councilwoman Leeuwenburgh and carried by the follow- ing roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: Councilman Heinsheimer PROPOSED BURGLAR ALARM ORDINANCE 1635 The Manager presented a proposed ordinance which would provide for a charge to the owner of the alarm for response by the Sheriff if the alarm is activated and the Sheriff responds. The Manager said the Council has reviewed the records on response to alarms during the past several months, and it was determined that all alarms were false, and the cost for responding is between $40 and $50 per response, and takes approximately 33 minutes. In discussing the proposed ordinance Councilman Pernell said since money allocated for Sheriff's services is a major expenditure for the City it is important to understand that the ordinance was developed' as a result of re -allocation of costs to the rest of the City based on the number of alarms, since 95 - 97% of the alarms are 'false.*alarms. A motion to introduce the proposed ordinance entitled AN ORDI- NANCE OF THE CITY OF ROLLING HILLS RELATING TO BURGLARY, ROBBERY AND FIRE ALARM SYSTEMS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE and to waive the reading in full was made by Councilman Pernell, seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Swanson Mayor'Murdock NOES: None ABSENT: Councilman Heinsheimer Mr. Allan Russell and Mrs. Betsy Raine asked whether the charge for response would be assessed if an arrest was made as a result of the alarm. Councilman Pernell said it is the intent of the ordinance to charge for all responses to burglar alarms, since a disporportionate amount of money is being paid to the sheriff for response to alarms._ The Manager said the fees would be set by resolution at the next meet- ing when the ordinance is adopted, and provision could be made for a situation in which an arrest is made pursuant to response to an alarm, since the situation would then be changed as far as the Sheriff is concerned. NOTICE OF VIOLATION, 38 CREST ROAD EAST 1580 The City Manager reported that funds have been deposited with Southern California Edison Company for undergrounding of utility lines at 38 Crest Road East, but no funds have been deposited with General Telephone Company for undergrounding, and no.provision has been made to deposit funds for installation of fencing which was required as a condition of approval of subdivision of the property. The Manager recommended that the matter be held on the agenda, and the Mayor so ordered. -2- 1 October 24, 1983 POSITION DESCRIPTION FOR VOLUNTARY CITY TREASURER AND FINANCIAL ADVISOR Mayor Murdock opened discussion of description of the positions of voluntary City Treasurer and Financial Advisor, held from the.last meet- ing. Councilman Heinsheimer said the City has had only a City Treasurer in the past and a Financial Advisor would be needed only if the City were to enter into a large financial venture; it was his recommendation that no change be made unless.actually needed. Councilman Pernell asked if the City is required to have a City Treasurer; the City Attorney said the City should have a Treasurer, and the City Manager serves as Deputy City Treasurer following resignation of the City Treasurer, until a new Treasurer is chosen. Councilman Pernell said the required position should be filled first, and if the new City Treasurer feels that the assistance of a Financial Advisor is needed, that appointment can be made at a later date. Councilman Pernell said that as Personnel.Offi- cer he would work with the City Manager in the..search for someone to fill the existing vacancy. EXTENSION OF.TIME_,_TRACT 30345, DR. JERRY GREENHUT .,1381. In a letter dated September 29, 1983 the Department of County Engineer -Facilities advised that work required to -be done in.conjunc- tion with Tract No.. 30345,.Dr. Jerry Greenhut,..has not -been completed.. and an extension of time is necessary to perform and complete the work under. contracts with the City.. The County. Engineer. advised.that.:bonds` totalling.$24,000 have been posted for faithful performance and labor and materials, and recommended that the time for completion b.e extended until December'l, 1984. A discussion followed and members of the Council agreed that as a condition of approval the subdivider should be required to deposit additional funds. Councilman Pernell moved that the request for a time extension be granted, subject to a requirement that the bond deposited be increased by 20%. 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 MEMBERS OF THE COUNCIL COMPUTER FORMAT FOR DEMANDS Councilman Heinsheimer said he had made additional changes on the format of the computer printout of demands presented to the Council, and he submitted a marked copy for consideration by the Finance Officer. JOINT MEETING WITH BOARD OF DIRECTORS Mayor Murdock said a joint meeting of the City Council and the Board of Directors of the Rolling Hills Community Association will be scheduled, and members of the Council will be advised when the date has been confirmed with Board President Betty Bathgate. MATTERS FROM THE CITY MANAGER RODENT PROBLEM The City Manager reported that an officer from the County Health Department had left printed material regarding rodent problems at City Hall, and information would be included in a coming Newsletter. RESOLUTION NO. 516 1478 The City Manager presented a resolution prepared to comply with requirements of the California Environmental Quality Act. Council- woman Swanson moved that Resolution No. 516 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REPEALING RESOLUTION me 423 August 22, 1983 PUBLIC HEARING, FLYING TRIANGLE GEOLOGIC HAZARD ABATEMENT DISTRICT 1590 Mayor Murdock opened a public hearing on a proposal to form a Flying Triangle Geologic Hazard Abatement District, and she explained that the Council had initiated the proceedings, believing that forma- tion of such a district would provide a vehicle for action which has not been available previously. The Mayor explained that the Council is sympathetic to residents in the slide area, but is constrained le- gally with regard to what the Council can and cannot do. Mayor Murdock thanked residents for their calls and visits to City Hall and for their attendance at two Saturday morning sessions conducted to provide inform- ation, and she turned the hearing over to the.City Manager. The Manager reported that the public hearing is being held pursuant to Division 17 of the California Public Resources Code, and in a staff report he advised that public hearing notices were sent to 41 property owners in the proposed district by certified.mail as required by State law. Subsequently protests were received from 29 owners of property within the proposed district, representing in excess of 50% of the total assessed valuation. Mr. Smith said the total assessed value of land within the proposed district is $9,085,985; protests totalled $,8;106,296 assessed value,°and under state law the -City Council, as the legislative body, is required to abandon the proceedings. Mayor m Murdock said there is an opportunity for property owners to withdraw m their objections; no, one. did... so... Councilwoman Swanson moved that Q further proceedings for formation of.a Geologic.Hazard Abatement District be abandoned. Councilman Pernell seconded the motion for purposes of discussion, and he asked the City Attorney whether he agrees with the Council's options -as stated by the City Manager. Mr. Jenkins said the Public Resources Code states that if owners of more than 50% of the assessed valuation of the proposed district object to formation of the district, the legislative body shall close."the hear ing and direct that proceedings for formation of the district be abandoned, and since shall is mandatory under state law; the Council has no choice as long as it is satisfied that the protests are legiti— mate and do reflect the wishes of more than 50% of the owners. The motion was carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: Councilman Heinsheimer The Mayor said there would be an opportunity for residents to comment during the open agenda portion of the meeting, and questions would be answered at that time. OPEN AGENDA Mayor Murdock opened the meetingto comments and discussion from the Floor, and she said comments would be restricted to three minutes. Questions would be accepted'orally or in written form, and the Mayor asked that written questions be signed, so that information which may not be available at this time can be provided. Dr. Richard Hoffman, 73 Portuguese Bend Road, said he wished to comment on why the objections were submitted, stating that he is not representing the resident.s of the area, but he shares and understands their feelings and objections. Dr. Hoffman said the idea of a district is not a bad one, but it was his opinion that more work should have gone into preparations prior to presentation. He said a district may be the best mechanism for stopping the landslide and stabilizing the road, but the majority of'the people in the proposed district felt it was unfair to expect 41 families to pay for the stabilization... Dr.. Hoffman said many of the properties were included because the road through the active landslide provides access to their homes; others were included because stabilization efforts could infringe on.their properties, but it was the opinion of many of the people that.the Community Association should be responsible for stabilizing the road. Dr. Hoffman said geologists concur that the slide can be stopped .and the road stabilized. -3- If 2 4 August 22, 1983 Dr. Hoffman said drainage of water from Crest Road to Klondike Canyon should not be permitted to cause further erosion, which the geologists agree it has done, and should not be allowed to cause in- filtration into the slide, which some geologists feel it has done, while other geologists do not agree. Dr. Hoffman said it is his opinion that the next logical step is to develop an exact plan, get a cost estimate, put. it out to bid. Further, Dr. Hoffman said there is a need for a joint effort, since people outside of the Flying Tri- angle do not feel that it is their problem; people living in the Fly- ing Triangle feel it is too large a burden without some help from the City and Association. Mayor Murdock thanked Dr. Hoffman for his com- ments, and she said the matter is proceeding, and joint efforts are being made. Dr. Yu Ping Liu, 3 Buckboard Lane, said he has attended neighbor- hood meetings and it is his opinion that there.should be cooperation within the community; Dr. Liu said lawsuits against the City filed by residents in the Flying Triangle area should be withdrawn before the City is asked to consider taking'an active part. Mayor Murdock said there has been discussion of that concern, and there has been an indi- cation of willingness on the part of the people within the Flying Tri- angle who have not suffered damage to their property to consider with- drawing their suits. Councilman Pernell said he wished to address the negative response by 70% of the property owners in the proposed district, stating that it is not possible to judge what the remaining 30% feel. He said it is his opinion that communication was not adequate, since it appears that property owners objected on the basis of their feeling that it was not fair to place the entire financial burden on them; actually he said formation of a district does not in and of itself place a financial burden on any property owner, but does allow those owners within a certain area to have a greater voice and provides a legal entity to proceed in taking charge of the course of action which may result. Councilman Pernell expressed disappointment that the proposal has been rejected, and he said it may be because the facts were not adequately. presented; he asked whether persons within the 41 property district, and specifically the 29 property owners who filed written opposition to the proposal felt that the mere formation—of a district automatically placed an economic burden on their property, stating that this would not be the case without further action by members of the district. The district could potentially obligate property owners, but in and of it- self it does not place a financial burden on owners within the district. In response to a question by Mrs. Betsy Raine about possible financial obligation, Councilman Pernell said a district could proceed with the corrective measures outlined by Dr. Hoffman; a district could also negotiate with the City, negotiate with the Community Association, or negotiate with the utility companies, or negotiate with the insurance carrier. Councilman Pernell requested that the Mayor ask the City Attorney to address the legal position of any other entity as a re- sult of formation of a district. Mr. Jenkins said Councilman Pernell was essentially correct, as formation of a district is exclusively involved with establishment of a legal entity which would have its own Board of Directors, and would have the capability under State law of taking certain actions to abate the landslide. Mr. Jenkins said establishment of the abatement district does not create any financial liability, but the entity itself could make use of various financing alternatives, which would require public hearings and notice to property owners within the district; he said the district could exist and not do anything at all. Councilman Pernell asked whether formation of a district would reduce the liability of the Community Association.by substituting another entity in an intermediate position. Mr. Jenkins said it would neither create nor defeat any. potential liability if there is any. Mrs. Raine said if that is the case she thinks there has been a major misunderstanding. Mr. Milan Smith, 26 Portuguese Bend Road, stated that he was at the meeting to represent Mr. and Mrs. Derwyn-Severy, 29 Crest Road East, who were included in the proposed abatement district. Mr. Smith said he did not agree with statements made by Councilman Pernell, stating that while formation of an abatement district would not create a bonded -4- 4 425 August 22, 1983 obligation against a property, it would immediately have a financial impact upon every property within it, with the effect varying in relation to the location of the property within the district. Mr. Smith said inclusion of a property.in the hazard abatement district implies that the property is in the active slide area, and no savings and.loan association or bank would lend money, and no one would finance the property thereafter. Mr. Smith said realtors would be required to disclose that a property is within a geologic hazard abatement district, even if it is not in a slide, and it is his opinion that this would have an adverse effect on a possible sale, and he said it would be very difficult, if not impossible, to obtain insurance,and.at very high rates. He said these three factors constitute an immediate financial impact on. properties within a district. Mr. Smith said properties located within the slide area already suffer from these factors, but properties outside of it do not. With.r.egard.to the statement that inclusion.in the abate- ment'.district would not cause an immediate financial burden, Mr. Smith said that without money the district would not be able to act, so a bonded indebtedness would be one of the first things that would have to come about. Dr. Hoffman said he agrees with Mr. Smith, and he noted that there are only four homes in the active. landslide. He said other homes in the ancient landslide, and additional homes which are not in either slide area, but which depend on the road through the slide area for access to their homes, have been included in the abatement district, and it is necessary that there be some negotiation, so that the assess-, ments necessary will be disproportionate, depending on location of the properties. Mayor Murdock thanked participants in the discussion for their comments, and recessed the. meeting at 8:15 P.M. MEETING RECONVENED The meeting was reconvened at 8:30 P.M. MATTERS FROM THE CITY COUNCIL TEMPORARY CLOSURE OF GATES TO BICYCLES AND PEDESTRIANS 1887 In response to a question by Councilman Pernel.l, the Manager said he was advised by the Association Manager that 55 bicyclists were turned away on Saturday, August 13 during the temporary closure of gates to non- resident bicyclists and pedestrians. Further., the Manager reported that there were no problems during the Triathlon on Saturday, August 20, 198.3. CHANGE OF DATE, WOMEN'S CLUB SOCIAL FUNCTION Councilwoman Leeuwenburgh reported that the date for -the Women's Club party has been changed from September 10, 1983. to October 8, due to a conflict, with a Caballeros social function just two weeks earlier. ALLOCATION OF FUNDS TO FIRE AND FLOOD SELF INSURANCE FUND 1896 Councilwoman Swanson suggested that the Council consider allocat- ing sufficient funds to the'Fire and Flood Self -Insurance Fund to bring the fund to $100,000. Mayor Murdock asked -.the City Treasurer to comment. Mr. Courtright said the intent when the fund was started was to put the sum of $20,000 per year into a fund which it was hoped would accumulate to $100,000. Mr. Courtright said it is difficult to project expenditures from such a fund, and in the past three or four years they have averaged $30,000 to $40,000 per year, and he recommended that the Council evaluate the fund each year and determine how much should be allocated, based on expenditures during the previous year, rather than the set allocation of $20,000. Mr. Courtright said that if it is the Council's intent to have a $100,000 balance in the fund, he would recommend that funds be trans- ferred from the General Fund to the Fire and Flood Self -Insurance Fund to arrive at that balance. With regard to fund balances shown on the City's Financial State-. ments, Mr. Courtright said the fund balance of $227 000 includes $145,000 in the General Fund and. the remainder is in other fu ds which have been -5- August 22, 1983 limited by City Council action. Mr. Courtright said the.Council may change the limits at any time, and may also set up reserves in funds to assure working capital, and he suggested that the Council consider such action. The Manager said. the matter will be scheduled for -the second meeting in September, to be considered with the August Financial Statement. COMMUNITY GIFT CAMPAIGN, NORRIS THEATRE 1955- The 955 The Mayor reported that she received a letter from the Community Association of the Peninsula advising that on September 11, 1983 the Community Gifts Campaign for the Norris Community Theatre will take place in Rolling Hills, and asking that the Council designate that Sunday as Norris Community Theatre Day in the City. Councilwoman Swanson moved that the request be honored; the motion died for lack of a second. In discussing the matter it was determined that since the Council has, as a policy matter, not participated in such designations or pro- clamations, the request would be presented to Rolling Hills residents in the Newsletter. MATTERS FROM THE CITY MANAGER 2002 DOG.LICENSING BY HUMANE SOCIETY The Manager reported that the dog licensing program has been completed by the Humane Society, and it appears that approximately 160 dogs in the Community have not been licensed. Mr. Smith suggested that the Council authorize a canvass of the owners of the unlicensed dogs by uniformed employees of the Humane Society, explaining that the late penalty would cover the cost of the canvass. The Council agreed with the recommendation, and Councilwoman Swanson suggested that it be de- ferred until mid-September,. after the vacation period, and that an effort be made to determine whether any of the owners have moved from the community. BLOCK GRANT PROGRAM, CITY OF LOMITA 2059 The City Manager recommended that an allocation of $4500 to the City of Rolling Hills for the Jobs Bill be designated to the City of Lomita as part of the Block Grant Program. Councilwoman Swanson sug- gested that formation of a.Joint Block for Peninsula Cities be investi- gated, and the Manager explained that the other Peninsula Cities will be allocating their funds to Lomita for block grants. Councilman Pernell moved that the Jobs Bill be included in the Block Grant Program to Lomita, and that the $4500 allocation be desig- nated to the City of Lomita. The motion was seconded by Councilwoman' Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Pernell, Swanson, Mayor Murdock NOES: None ABSENT: Councilman Heinsheimer JOINT MEETING WITH BOARD OF DIRECTORS, ROLLING HILLS COMMUNITY ASSOCIAT Mayor Murdock announced that the City Council will meet with the Board of Directors on Monday, August 29, 1983 at 7:30 P.M., the fifth Monday in the month, to discuss matters of mutual interest and concern. TRAFFIC COMMISSION The Manager reported that the Traffic Commission will meet in mid September, and will consider problems with bicyclists and joggers, and will report to the Council. A letter dated August 5, 1983 from Dr. Reinhold Ullrich, 5 Pine Tree Lane; relating problems encountered by joggers was received and noted. August 22, 1983 VACATION - CITY MANAGER 427 The Manager reported that he will be on vacation from August 29 through September 10, 1983. Mr. Smith said the Mayor and Deputy City. Clerk have copies of his itinerary, and the Sheriff and Fire Department have been notified that he will be away. CLOSED SESSION - LITIGATION The Mayor.recessed the meeting to a closed session at 9:OO P.M. The meeting was reconvened at 10:15 P.M. ADJOURNMENT Mayor Murdock adjourned the meeting to a joint work session meeting with the Board of Directors on Monday, August 29, 1983 at 7:30 P.M. and she said the next regular meeting will be on Monday, September 12, 1983 at 7:30 P.M. 00 O co Q City Clerk APPROVED: ?avyor >' -7-