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5/12/1986LD M LL m MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA May 12, 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 Pernell at 7:30 p.m. Monday, May 12, 1986. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell Councilman Heinsheimer Terrence L. Belanger Michael Jenkins L. D. Courtright June Cunningham Lt. Grant Johnson Martin Murphy Sam W. Peterson Douglas Schwantes Zoltan Katinsky Morley Mendelson Jerry Faris Anne LaJeunesse William Cross Dr. & Mrs. F. Hartwig Lowell Lusk Mr. and Mrs. Paul Mitchell Mrs. Catherine Partridge Bruce Raine Miss Becky Raine Damoder Reddy City Manager City Attorney City Treasurer Deputy City Clerk Sheriff's Lomita Station County Dept. Public Works Consulting Engineer Geotechnical Engineer Applications Engineer Attorney Los Angeles Times Palos Verdes News Resident At the request of the City Manager, item e., Acceptance of Easement Landscaping, was removed from the agenda, and deferred to the meeting on May 27, 1986. Items a through d and item f on the Consent Calendar were approved on a motion made by Councilwoman Leeuwenburgh, seconded by Councilwoman Murdock and carried unanimously. APPROVAL OF MINUTES The minutes of a meeting on April 28, 1986 were approved and accepted as presented. PAYMENT OF BILLS Demands No. 1336 through 1355; 1357 through 1361 and 1363 through 1371 were approved for payment from the General Fund in the amount of $27,799.36. Demands 1356 and 1362 were voided: RESOLUTION NO. 547 Resolution No. 547 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS APPOINTING AN ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5, designating Mayor Pro Tem Gordana Swanson as an alternate member of the Board of Directors of the Sanitation District was adopted unanimously. RENEWAL OF AGREEMENT FOR EXAMINATION OF TRACT MAPS AND PARCEL MAPS The City Manager advised the Council that the current agreement between the County of Los Angeles and the City of Rolling Hills ME May 12, 1986 for examination of tract and/or parcel maps will expire on June 30, 1986. Mr. Belanger recommended that the Council approve renewal of the agreement for a period commencing July 1, 1986 through June 30, 1991. The recommendation was approved and the contract was renewed by unanimous vote of the Council. ACCEPTANCE OF FISCAL YEAR 1985 AUDIT REPORT The Manager reported that the City's auditor has certified that he has examined the combined financial statements for the various funds of the City of Rolling Hills in accordance with generally accepted auditing standards, and that the statements included in the audit report fairly present the financial position of the various funds for the City of Rolling Hills as of June 30, 1985. The City Manager recommended that the City Council accept the audit report for fiscal year ended June 30, 1985 and file it in the appropriate manner. The Manager's recommendation was approved by unanimous vote of the Council. STATUS OF MUNICIPAL LIABILITY INSURANCE, 1517 The City Manager advised the Council that the City's application for membership in the Coachella Valley Joint Powers Insurance Authority has been approved, and the City is eligible for general liability insurance commencing May 1, 1986 through May 1, 1987 in the amount of $1,000,000 per occurrence. Mr. Belanger said the proposed self insurance retention level is $25,000, and the annual premium is $20,000. He noted that the self-insurance program established by the City in 1986 set a self-insurance retention level of up to $50,000 and provided for an annual insurance premium not to exceed $50,000. It was the Manager's recommendation that the Council approve the City's membership in the Coachella Valley Joint Powers Insurance Authority, that the self insurance retention level be established at $25,000, that the annual premium be authorized for payment to the CVJPIA, and that a delegate and alternate be appointed to the Board of Directors of the Coachella Valley Joint Powers Insurance Authority. Mr. Belanger explained that a representative of the City is required to attend a monthly meeting of the CVJPIA, and the representative could be a member of the Council or staff. Councilwoman the City Manager by Councilwoman vote: AYES: NOES: FA�� Swanson moved that the be approved and accepted. Murdock and carried by recommendations made by The motion was seconded the following roll call Councilmem-bers Leeuwenburgh, Murdock, Swanson Mayor Pernell None Councilman Heinsheimer PUBLIC HEARING, AMENDMENT TO ZONING ORDINANCE RE: NON-COMMERCIAL RADIO AND TELEVISION ANTENNAE IN RESIDENTIAL ZONES Mayor Pernell opened a public hearing to consider a proposed ordinance which would amend the City's Zoning ordinance by making installation of non-commercial radio antennae in residential zones a permitted use. The City Clerk reported that a notice . of the public hearing was duly published as required by law. I Mr. Belanger explained that the proposed ordinance would amend the Zoning Ordinance and municipal Code by deleting the requirement that a Conditional Use Permit be obtained for installation of a non-commercial antenna, and would make such installation a permitted use, provided there is a residence as a primary use of the property on which it is to be installed. Minimum and maximum heights for antennae are specified in the proposed ordinance, and if a resident wishes to install a non-commercial antenna which would exceed the height limitation specified in the proposed ordinance application for a Variance would be required. -2- Ln 0) LJLm Q May 12, 1986 291 Mr. Morley Mendelson advised the Council that he is an attorney present to represent Mr. Robert Mohr, who is in the process of acquiring a piece of property on Crest Road. Mr. Mendelson said Mr. Mohr has an objection to the proposed ordinance, and he asked that Mr. Mohr's property be exempted from the requirement that a residence be built as a primary use, since it would be impossible for Mr. Mohr to use the site as presently planned and as agreed to by the Rolling Hills Community Association. Mr. Mendelson asked that the City Council review documents submitted to the City regarding the settlement on the site before voting on the proposed ordinance. Further, Mr. Mendelson requested additional time to submit written comments to be considered as part of the public hearing process, explaining that he was advised of the public hearing by the City Attorney, but did not see a copy of the proposed ordinance prior to the Council meeting. Mr. Mendelson said the matter with the Association was settled before the court on April 7, 1986, and prior to the settlement he was not in a position to know whether to comment. Following discussion with the City Attorney and members of the Council, Mayor Pernell granted an extension of time for submission of written comments by Mr. Mendelson to the next City Council meeting on May 27, 1986, and closed the public hearing to all other testimony. Councilwoman Murdock moved that AN ORDINANCE OF THE CITY OF ROLLING RADIO AND TELEVISION ANTENNAE IN THE ROLLING HILLS MUNICIPAL CODE in full be waived. The motion was and carried unanimously. the proposed ordinance entitled HILLS RELATING TO NON-COMMERCIAL RESIDENTIAL ZONES AND AMENDING be introduced and that reading seconded by Councilwoman Swanson PUBLIC HEARING, ORDINANCE ADOPTING COUNTY ELECTRICAL CODE Mayor Pernell opened a public hearing on a proposed ordinance which would adopt the Los Angeles County Electrical Code and amend the Rolling Hills Municipal Code. The City Clerk reported that the proposed ordinance was introduced at the City Council meeting on April 14, 1986, and notice of the public hearing was duly published as required by law. The Manager recommended that the Council approve the ordinance and adopt the Los Angeles County Electrical Code by reference. ORDINANCE NO. 212 Councilwoman Leeuwenburgh moved that Ordinance No. 212 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY ELECTRICAL CODE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Murdock and carried unanimously. STATUS OF FLYING TRIANGLE Copies of a letter dated May 9, 1986 from the Director of Public Works regarding review of a concept proposed by Dr. Fritz Hartwig for buttressing a portion of the Flying Triangle landslide were distributed to the Council. The City Manager advised that Mr. Martin Murphy of the Los Angeles County Department of Public Works was present to discuss the County's review of the proposal and he noted that Mr. Sam Peterson, consulting engineer, and Mr. Douglas Schwantes, consulting geotechnical engineer, were also present at the meeting. The Manager said Dr. Hartwig's proposal has been reviewed by the consulting engineer's and their comments were presented at the last meeting. Following a presentation by Mr. Murphy on the County's review of the proposal, the three engineers would be available for questionning by persons present. Mr. Murphy said that although the concept does have promise, there are items that would have to be addressed before the Council moves ahead with the proposal. Mr. Murphy reviewed 15 items listed in the County's review, and he said the boundaries of the slide have been increasing, and it is the County's opinion that they should be better defined. -3- 292 May 12, 1986 In summary, Mr. Murphy said that although Dr. Hartwig's concept does appear to be promising, a lot of the other considerations would add to the estimated cost, and further investigation is recommended. Mayor Pernell asked Mr. Murphy whether the County's Department of Public Works and its geology section are capable and willing to perform those investigative procedures Mr: Murphy has recommended, as well as the supervisorial functions referred to in the recommendations. Mr. Murphy said the County would be willing to do a design review, but would recommend that an outside firm be retained by whoever does the work; someone with the expertise to perform the recommended supervision and inspections. Mayor Pernell invited Mr. Peterson and Mr. Schwantes to comment. Mr. Peterson said he concurs with the County's review of Dr: Hartwig's proposal, stating that it is more detailed than his report. He said the constant movement in the slide area makes it difficult to determine a point at which the situation is static enough to decide what should be done. Mr. Peterson said the day to day movement and enlargement of the boundaries add to the dilemma of what is stable and what is still moving.. Information reviewed by Mr. Schwantes since the last meeting indicates that there is no information available that would add to the report made by him at the last meeting, or to the report made by Mr. Murphy at this meeting. Mr. Peterson said the City must decide whether to attempt to do something that would help two or three houses, or whether to attempt to do something to help the entire slide area. Mr. Schwantes said that he agrees with Mr. Peterson's comments, and it was his opinion that their report is similar in findings and conclusions to the County's report. He said he agrees that soil buttressing is a very good and realistic way of stabilizing almost any landslide, if there is stable ground to found the buttress on. Right now it is not possible to determine where such stable ground can be located in the Flying Triangle. Mr. Schwantes said he personally thinks it would be a mistake to attempt to stabilize just a small portion of the eastern sector of the Flying Triangle landslide. Councilwoman Swanson asked Mr. Schwantes to explain his statement, and he said there is a possibility that buttressing a localized area could make the total slide situation worse by deflecting the movement that is now going toward Klondike Canyon, redirecting it toward Flat Top, rather than having the desired effect of stopping the slide. Dr. Hartwig said he disagrees with statements made by Mr. Peterson and Mr. Schwantes claiming that they agree with the County. Dr. Hartwig said they actually disagree with the County in stating that they don't actually know what is going on in the slide. Dr. Hartwig said statements about the possiblility of accelerating the slide are pure guesses without data to back up the statements about the possible acceleration. Dr: Hartwig said he questions their credibility,. calling the statements pure conjecture, especially with regard to danger and possible acceleration of the slide. Dr. Hartwig reviewed his qualifications with the Council, explaining that he is not a geologist; but has five engineering degrees and has taught graduate courses in engineering as a professor, and is currently employed as an engineer, reviewing reports and proposals,. and he said he is qualified to evaluate the reports on his proposal. Dr: Hartwig recommended that the report prepared by Mr. Peterson and Mr. Schwantes not be accepted, stating that it is not an engineering report. Mr. Peterson said his report was prepared following review of material provided by the City Manager, and suggested. that on page 2, second paragraph from the end, in line 5 the word "conclusion" be deleted, and "statement" be inserted: Mr. Peterson said the intent of the report was to.make recommendations, and not submit a proposal, since a massive engineering study would be required before a proposal could be prepared: Further, Mr. Peterson said his report does not differ from opinions in the report prepared by the Department of Public Works. -4- 293 May 12, 1986 Mayor Pernell said it is his opinion that the Council did not consider Mr. Peterson's report a proposal, and was aware at the last meeting that only a limited amount of information was reviewed, prompting the Council to direct the Manager to furnish additional information to Mr. Peterson and Mr. Schwantes. Mr. Schwantes said that he has reviewed a report prepared for the Community Association by William.Cotton and Associates more than three years ago which addressed a recommendation made by the County in 1981. The cost estimate for filling the west Klondike Canyon area, which is a very limited area, plus some tie backs, anchors, and some drainage, was $5 million. Council- woman Leeuwenburgh said the report alluded to was prepared for a group of homeowners in the Flying Triangle, not the Rolling Hills Community Association. Councilwoman Swanson said she thought it took too long for the County to submit a report to the Council. Mr. Murphy explained that Dr. Hartwig's proposal was reviewed by several County departments, and the report was prepared based on input from (� several sources. LO Mayor Pernell said that after receiving Dr. Hartwig's proposal the Council had agreed that it should be evaluated for technical, LL m economic and legal feasibility. He directed that the technical reviews by the County and private consulting engineers be received Q for the file. The City Manager said both reports indicate a need for additional information before either source would say without qualification that the City should proceed with the proposal from a technical point of view. Mr. Belanger said it must be determined whether the proposal for financing submitted by Dr. Hartwig is truly reflective of today's market, and the scope of the project, including drainage and other factors, must also be determined. Dr. Hartwig's proposal is for 200M+ yards of soil in the two canyons, and it is his opinion that a sophisticated engineering study and design would be needed before proceeding, and that has not been addressed in the proposal. In response to questions by the Mayor, the Manager said he would provide a staff report for the first Council meeting in June, and would address both reports in the frameworkof logistic and financial considerations. Mayor Pernell ordered the matter held on the agenda for a staff reponse by the City Manager at the City Council meeting on June 9, 1986. OPEN AGENDA Mayor Pernell invited comment from persons present on matters not on the agenda. PERSONAL APPEARANCE, ROLLING HILLS BOARD OF REALTORS REPRESENTATIVE David Moyers, Vice President and General Manager of Very Important Properties, advised the Council that he is Co -Chairman of the Palos Verdes Estates and Rolling Hills Multiple Listing Services joint Computer Committee and requested authorization to reprint the City's logo on the front cover of the joint MLS book used confidentially by the current members of the service. Mr. Moyers explained that the service wishes to use all logos of the four Peninsula cities in a quadrant indicating the primary geographic areas served. Mayor Pernell explained that items presented to the Council during the open agenda portion of the meeting are not acted on by the Council, and he said the matter would be taken under submission and the matter would be considered at the next regular meeting. MATTERS FROM CITY COUNCIL NEIGHBORHOOD WATCH Councilwoman Leeuwenburgh reported that she has met with Sgt. John Texeira of the Sheriff's Lomita Station and -5- May 12, 1986 representatives of the Rolling Hills vomen's Community Club to re -activate the Neighborhood Watch Program in Rolling Hills. She said residents would also be encouraged to take advantage of the home security check offered by the Sheriff's Department. TRAFFIC COMMISSION RECOMMENDATION RE: SIGN FOR JOGGERS Councilwoman Leeuwenburgh, in her capacity as Chairman of the Traffic Commission, displayed a sign which was approved by the Traffic Commission with a recommendation that the Council authorize installation of four signs; one at each gate entering the City, and one at the intersection of Crest Road and Eastfield Drive. The text of the signs advises joggers to run at the edge of the roadway, in single file and facing traffic, pursuant to Ordinance No. 185. Councilwoman Leeuwenburgh said they would be placed on posts with existing signs. In discussing the recommendation, the Council suggested that the signs be manufactured with printing the size shown on the sample, and that the background be reduced in size, to produce a smaller sign than the sample. Councilwoman Murdock said that skateboarders also present a hazard, and there is an ordinance prohibition of skateboarding that obviously is not being enforced. Mayor Pernell said the hazard is present because of the method, not the activity, and he said four walkers, walking abreast, are as much of a hazard as joggers or skateboarders. Mayor Pernell asked Councilwoman Leeuwenburgh to return the matter to the Traffic Commission with a request that safety for pedestrians as well as joggers be addressed. ASSEMBLY BILL 2674 Councilwoman Swanson said she wished to call the Council's attention to AB 2674 which is currently before the Senate's Local Government Committee. The measure would amend the Brown Act by making certain changes, including posting of the Council's agenda 72 hours in advance of the meeting, and providing that no action be taken by the Council on matters other than that on the posted agenda, unless determined by the Council to be an emergency, or is brought up by 2/3 of the Council members. The City Council will also be required to provide a time for public input at a Council meeting. It was noted that the Rolling Hills Council already complies, by scheduling an Open Agenda for public comment at 8:00 p.m. at each Council meeting. LEAGUE OF CALIFORNIA CITIES LEGISLATIVE CONFERENCE 2075 Councilwoman Swanson said the League of California Cities Legislative Conference will be held on June 9 and 10, and she noted that the first Council meeting in June is scheduled for June 9. MATTERS FROM STAFF RETIRED EMPLOYEES' TALENT BANK The Manager advised that participation by Rolling Hills in a proposal from South Bay Cities Association for formation of a retired employees' talent bank would cost Rolling Hills an estimated $3,000 per year, and he asked that the Council provide direction on whether to proceed to obtain information and evaluate the proposal. Councilwomen Murdock and Swanson indicated that they would be interested; Councilwoman Leeuwenburgh and Mayor Pernell said they were not interested. TRANSFER OF FUNDS 2156 The City Manager advised the Council that it is necessary to transfer $10,000 from the City's unappropriated reserves to the Insurance Fund to cover participation by the City in the 0M. [i 295 May 12, 1986 Coachella chella Valley Joint Powers Insurance Authority. Councilwoman Murdock moved that the transfer be made as recommended by the City Manager, to increase the line item in the budget for insurance to $30,000. The motion was seconded by Councilwoman Swanson and carried unanimously. RECESS TO LITIGATION SESSION Mayor Pernell recessed the meeting to a litigation session at 8:25 p.m. MEETING RECONVENED The meeting was reconvened at 9:30 p.m. and Mayor Pernell was excused. COMMITTEE ASSIGNMENTS The City Manager advised the Council that he had provided (D each member with a list of committees, showing the assignments LD in previous years. Mayor Pro Tem Swanson said assignments would 0) be deferred to the next regular meeting. LL APPOINTMENT OF DELEGATE AND ALTERNATE TO CVJPIA. The Manager advised the Council that either a member of the Council or staff is required to attend the monthly meeting of the Coachella Valley Joint Powers Insurance Authority, and the next meeting is scheduled for Tuesday, May 20, 1986. The Council voted unanimously to appoint Mayor Pernell delegate to the CVJPIA, and name the City Manager as alternate, to attend in the absence of the Mayor. ADJOURNMENT The meeting was adjourned at 10:00 p.m. to Tuesday, May 27, 1986 at 7:30 p.m., since the regular meeting date, Monday May 26 is a holiday in observance of Memorial Day. APPROVED: Mayor mrz City Clerk