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2/10/1986254 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 10, 1986 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 Heinsheimer.at 7:30 p.m. Monday, February 10, 1986. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmembers Leeuwenburgh, Murdock, Pernell, Swan Mayor Heinsheimer None Terrence L. Belanger Michael Jenkins L. D. Courtright June Cunningham Lt. Grant Johnson Jerry Faris Anne LaJeunesse Diana Chapman Douglas McHattie Herbert Agid Mrs. Virginia Doak ' Mr. & Mrs. Paul Lupo City Manager City Attorney City Treasurer City Clerk Sheriff's Lomita Station Los Angeles Times Palos Verdes News South Bay Daily Breeze South Bay Engineering Corp. Resident Councilwoman Swanson moved that the Consent Calendar be approved as submitted. The motion was seconded by Councilwoman ?Murdock and carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting on January 27, 1986 were approved and accepted as presented. PAYMENT OF BILLS Payment of Demands No. 1137 through 1145 and 1155 through 1175 in the amount of $80,102.00 from the General Fund was approved. Demands No. 1146 through 1154 were voided. RATIFICATION OF AMENDED CONTRACT An agreement between the City of Rolling Hills and Management Insight, Inc. for Terrence L. Belanger to serve in the capacity of City Manager was approved and accepted as amended. PLANNING COMMISSION ACTION, ZONING CASE NO. 324 Information reporting that the Planning Commission, at a regular meeting on January 21, 1986, approved a request for a Variance of front setback requirements for conversion of an existing patio on property owned.by Mr. and Mrs. John Lyons, 21 Eastfield Drive, to a breakfast nook, was received for the file. HEARING ON APPEAL, ZONING CASE NO. 323 The City Manager advised the Council that Mr. and Mrs. Paul Lupo, applicants in Zoning Case No. 323, have filed a letter appealing the Planning Commission's denial of their request for a Conditional Use Permit for construction of a tennis court on their property, Lot 192B- 1 -MS located at 4 Georgeff Road. Mr. Belanger said the required fee has been paid, and the action before the Council is to set a public hearing on the appeal. 255 February 10, 1936 Mr. Douglas McHattie, engineer for Mr. and llrs-. Lupo,._advised the Council that the proposed location for the tennis court has been changed, and the applicants wish to submit a revised plan for review by the City Council. The City Attorney said the Council, acting as Board of Zoning Appeal, can consider only facts and exhibits which were presented to the Planning Commission. The Mayor asked staff to determine whether the Board of Zoning Appeal could properly return the matter to the Planning Commission for consideration of a dif- ferent plan. With the concurrence of members of the Council, 11ayor Heinsheimer' set a public hearing on the appeal for Monday, February 24, 1986 at 8:00 p.m. STATUS OF MUNICIPAL LIABILITY INSURANCE. 515 The City Manager reported that there has been no change in the status of insurance coverage, but the tennis courts and the riding ring at Hesse's Gap have been reopened to residents,.with a require- ment that a liability waiver form be executed by the user. Lir. Belan- ger said the ring is open only during certain scheduled hours, and a security officer employed by the Community Association is on.duty when the facilities are in use. Further, he said all trails are closed to non-residents, and the Hix ring remains closed. Mr*. Belanger said the repairs recommended in the safety analysis are being.made, and he said Caballeros insurance remains in effect... Councilwoman Swanson said it was her -understanding that the City Council would be notified before the Association reopened any facilities. Councilwoman Murdock. said the decision was made ata Board meeting at which three members of the City Council and the City Manager were pre- sent, and the Council was informed of the action. The Manager said the City and Association. staff and their attorneys worked together..on the waiver; however, the current lease agreement has not been modified to reflect the present insurance situation. Councilman Pernell moved that the Council ratify the Association's action regarding reopening of the facilities, and request that the lease agreement be modified with regard to insurance coverage. The. motion was seconded by Councilwoman Murdock and carried unanimously. 'Mr. Belanger advised the Council that Marsh McLennan, the broker who has been working with the City in an attempt to,,obtain insurance coverage; is endeavoring to set up a state-wide municipal insurance authority, and he has requested an application form for the authority. First information indicated an April start-up date, but that has been moved back sixty days. Further, Mr. Belanger.has been advised that it may be possible for Rolling Hills to become a member of the Coachella Valley Joint Power Insurance Authority, along with a number -of other small cities, and an application will be submitted on behalf of the city. Mr. Belanger said in all liklihood the. Association would not be included: The Manager said he will keep the Council apprised of the.situation. INTERGOVERNMENTAL ASSISTANCE IN THE FLYING TRIANGLE 700 The City Manager reported that he met personally with Assemblyman Gerald Felando, and with a representative of Senator Robert Beverly, to discuss the possible eligibility of Rolling Hills for financial assist- ance in the Flying Triangle. Assemblyman Felando indicated that he would be willing to sponsor "spot" legislation to get a.,.bill into the legislative process, but to be successful a specific project with spe- cific cost information is needed in order to get legislation moving. Spot legislation was utilized to obtain financial assistance for Rancho Palos Verdes. Mr. Belanger explained that City qualified for use of off -shore funds to aid in preservation of the coast line; Rolling Hills has no public property in the City's distressed area. Ranbho.Palos Verdes was able to submit a specific project in requesting funds. At a meeting .with Tom Martin of Senator Beverly's staff, the City. Manager was asked to communicate with the State Controller's office to get an opinion on the possibility of utilizing gas tax money for road improvements in the area. A copy of the Manager's letter was distrib- uted to members of the Council. In a similar request from,Pebble Beach, a private community with no public roads, the Attorney. General'§..opinion was that gas tax funds could not be expended on roads in.that community. -2- 256 February 10, 1986 Mr. Belanger said he has not received a response to his letter dated January 31, 1986 to the Controller's Office. Subsequently he is pur- suing the possibility of having the Flying Triangle area declared a disaster area in an effort to obtain financial assistance. Because there are no public facilities in the area, the federal assistance, if granted, would benefit the private property owners, if funding is made available through the Federal Emergency Management Agency (FEMA) and the Office of Emergency Services of the State. Such aid would be in the form of low interest loans to be used for repair of properties. Mr. Belanger said he will continue to pursue the matter, and will re- port to the Council when information is available. He emphasized the need to develop a specific project with reliable cost information in order to qualify for assistance. Councilman Pernell said it is neces- sary to determine whether there is any money available before any funds are spent on developing a project -for submittal. Mr. Belanger said it is necessary to have a.project to arrest the movement of land, which includes soils problems, sub -surface water problems, and.huge canyons, and there must be some assurance that use of public funds for such a project has a reasonable chance of success. Mr. Herbert Agid, 60 Portuguese Bend Road, said the Flying Triangle is a "disaster area", and property owners in that -sector are being wiped out by loss of their homes and economic stability. Mr. Agid said funds in excess of $45,000 have been expended to try to -keep the access road to his property and two others open, and the roadway has recently dropped ten feet in two months. Mr. Agid said there have been sugges- q tions for ways to slow the slide that started in 1980, but none have been followed; he said the community is spending exorbitant sums on trying to keep the access open, but immediate corrective action that would reflect the opinions of the experts have.not been executed. The City Manager said he is waiting to hear from Art Keene, the County Geologist, regarding proposals recently submitted to him. Mayor Heinsheimer asked that Mr. Keene be asked to attend the next meeting of the City Council, and that questions be prepared to be addressed. Councilwoman Swanson suggested that a representative of the County Flood Control District also be asked to attend. Staff was requested to make the appropriate arrangements. STATUS OF SEWER SYSTEM PLANNING 1052 The Manager reported that he has contacted two firms.that are. knowledgeable in.sewer system planning, and has determined that it is possible to have a preliminary assessment of the feasibility done without having a data development.program done in advance. He said he has contacted ALS,a firm that has done work on the Peninsula, and James Montgomery, an .engin.eering firm in Pasadena that has sub- mitted an earlier proposal. Both have promised.to respond with general information regarding feasibility and cost figures. MATTERS FROM CITY COUNCIL MEMBERS 1073 Letter from Assemblyman Felando re: Naylor Act Councilwoman Swanson said that in a letter dated January 30, 1986 Assemblyman Gerald Felando reported on his efforts to reform the Naylor Act. Mr. Felando said the Assembly Local Government Committee held an interim hearing on his AB 2198, relating to.surplus school property, and the hearing has been summarized by the committee: After seeking specific input from school.districts, Assemblyman Felando said he will work with the committee on implementing some or all of the recommenda- tions set forth in the report.- He.asked that the -City contact his State Capitol office to offer specific comment on.any of the suggestions. outlined in the committee's report. Councilwoman Swanson said that as the Council's legislative representative she would be willing to work on the matter if " it :i -d. -the ..wish of .:the , Council . Councilwoman Leeuwenburgh suggested that the subject be referred to the Council's School Committee. With the concurrence -of members of the Council the Mayor so ordered. 1XIM LO 0) .m a February 10, 1986 Traffic Advisory Signs 257 Councilwoman Swanson said the new traffic advisory signs, s.peci- f ically those reading "Stop Ahead" are similar in size to signs used on the freeway. She urged caution in installing new signs with re gard to size and number, to avoid visual pollution. Councilwoman Leeuwenburgh said the new signs use universal symbols, instead. of printing, and are the same -size as the signs they replace. The Mana- ger said the signs were recommended by the traffic consultant because of the City's insurance situation. Councilman Pernell said Rolling Hills is a rural community and a minimum number of signs is desirable; however,. he agreed that the placement of signs, based on lack of in - surance coverage,*is acceptable. Councilwoman Leeuwenburgh said the comments would be. conveyed to the Traffic Commission. ►� Litigation Session Mayor Heinsheimer said a short litigation session would follow the regular meeting. New Booklet for Residents Councilwoman Murdock reported that the Women's Community Club,has informed the Board of their plan to update and revise the booklet given to new residents, and she asked that the City Council and staff work with the Association in providing information and assistance. Coun- cilwoman Swanson asked who would pay for the booklet. Mrs. Kay Lupo, president of the Women's Club, said the club plans to assume the expenses for printing. She said records are being researched to deter- mine past costs. . Re -opening of Recreational Facilities Councilman Pernell said he wished to commend the City Manager on his promptness in expediting and executing the Board's decision to re- open recreational facilities before the weekend. Communication from City Treasurer Councilwoman Murdock reported that the City Treasurer had conveyed his concern about his ability to function in his position without in- surance coverage. The City Attorney said ahold -harmless agreement, could be prepared for Mr. Courtright. RECESS TO LITIGATION SESSION 12.02 The meeting was recessed to a litigation session at 8:45 p.m. MEETING RECONVENED AND ADJOURNED The meeting was reconvened at 9:55 p.m. and was immediately adjourned to Friday, February 14, 1986 at 8:30 a.m.. APPROVED: Mayor -4- City Clerk 1