11/23/1981•
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MINUTES OF A 93
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 23, 1981.
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 Rose at 7:30 P.M. Monday,
November 23, 1981.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Crocker, Heinsheimer, Pernell, Swanson.
Mayor Rose.
None
Teena Clifton
Mary Walker.
L. D. Courtright
June Cunningham
J. Eardley
M. Langer
Mrs. J..Donner
Mr. & Mrs. E. Doak
Mrs. V. Leeuwenbergh
Mrs. M. ..Wagner
K. Watts
Dave Hall
Cindy Myers
1907
City Manager
City Attorney
City Treasurer
Deputy.City Clerk
Civil Engineer:
Attorney
League of Women Voters
Residents
Resident
Resident
Resident
Daily Breeze
Palos Verdes News
.The minutes of the meeting on October 26, 1981 were approved and
accepted as presented on a motion made by Councilman Crocker, seconded
by Councilman Heinsheimer and carried by the following roll call vote:.
AYES:
Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
FINANCIAL STATEMENT 1913
The City Treasurer advised that he had reviewed the Financial
Statement for October 1981,,.and he found that it was essentially cor-
rect, but there was an error in one of the funds which could be correc-
ted, since it was an arithmetical error. The correction was made on.
Page 4 of the Financial Statement, and on the recommendation of the -
Treasurer the Statement was approved and accepted in a motion made by
Councilman Crocker, seconded by Councilman Pernell and carried by the
following roll call vote:
AYES:
Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
PAYMENT OF BILLS 1998
Councilman Crocker moved that Demands No. 9981 and 9982, 9984 and
9985, 9987 through 10005, 10007 through 10018, 10020 through 10029,
10031 through 10046, 10048 and 10049 be approved for payment in the
amount of $59,370.24; that Demand No. 9986 in the amount of $5,000 be
paid from the Fire and Flood Self Insurance Fund, and that Demands No.
9983, 10019, 10028,.10030,and 10047 be voided. The motion was seconded
by Commissioner Pernell and carried by the following roll call vote:
94 November 23, 1981
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
. Councilman Heinsheimer asked that Demand No. 10029, reimbursement
to Councilwoman Swanson in the amount.of $944.15 be discussed. Coun-
cilwoman Swanson explained that the reimbursement was for expenditures
for mileage, attendance at meetings and at conferences, including trips
to Sacramento and San Francisco, over a period of months, and the ex-
penditures were approved in advance. Councilwoman Swanson said an allo-
cation was made in the budget for conference expense, and some of the
allocation would be used for the reimbursement. Mayor Rose said that
the allocation was made for members of the Council, and Councilwoman
Swanson represents the Council at many functins which other members of
the Council are unable to attend.
SANITARY SEWER AGREEMENT, CHACKSFIELD-MERIT HOMES, TRACT 33871 2012
The Manager -reported that the Agreement has been given to Mr.
Coughlan, and she asked that it be held on the agenda for his advice
at the next meeting. Mayor Rose -so ordered.
EXPLORATION.TRENCHES AND EXCAVATIONS IN KLONDIKE CANYON 2017
Mrs. Clifton reported that she has had many conversations with
Mr, and Mrs. James Evans, 62 Portuguese Bend Road, both individually
and together, regarding plans to hydro -seed the area and do other cor-
rective.planting on their -property; and.she'said a letter will be sent
to the attorney for Mr. and Mrs. Evans regarding review and concur-
rence with the plans before corrective planting is started. Councilman
Crocker said plans should be pursued as soon as possible, before heavy
rains start. .
n. .
Mayor Rose. asked that the City Attorney review the letter to the
Manager from Mr. and Mrs. Evans to determine whether it was sufficient
to constitute permission to go on their property; and if it is not, to
draft an appropriate document.giving the necessary permission, to be
executed by Mr. and Mrs. Evans or their attorney, prior to commencing
the hydro -seeding. Councilman Crocker said there is also the matter
of eliminating a source of water in the area. The Manager said she is
going to take a plan to the County Engineer and have it processed in
order to have the matter expedited.
CLAIM'FOR REPLACEMENT OF TREES, NORMAN LEAN, 3 PINTO ROAD -2050
Councilman.Crocker moved that two small pepper trees on the Lean
property located at 3 Pinto Road be replaced, pursuant to the City
Manager's recommendation. Mrs. Clifton said that Mr. Lean advised
her that the two trees died shortly after excavations were made near
the property in connection with the landslide, and since J.t was not
possible to determine whether the work caused the loss, it was her
recommendation that the two small trees be replaced. The motion was
seconded by Councilman Pernell and carried by the following roll call
vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
The Manager was directed to write to Mr. and Mrs. Lean and advise
them that the trees would be replaced, and -suggest -that the replacement
be deferred until other corrective work in the area has been completed,
since it will be necessary to bring some equipment into the area, and
it would not be possible to guarantee the safety of the new trees.
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November 23, 1981 95
KLONDIKE CANYON LANDSLIDE - FLYING TRIANGLE 2077
The Manager reported that copies of a letter dated October 30,
1981 from Arthur Keene, County Geologist, commenting on Dr. Perry
Ehlig's update on the Flying Triangle Landslide, dated October 10,
1981, were distributed to the Council, and subsequently Dr. Ehlig
came to the office and updated the information on the graph -attached
to his report to show the latest.changes in the movement. Mrs.
Clifton said Dr. Ehlig has reiterated to her his feeling that addi-
tional slope indicators shouldnot be installed, and she said she
would discuss his recommendations and Mr. Keene's comments with Mr.
Keene when she visits the County Engineer the next day.
Councilman Pernell said it -appears the Council and the City are
caught between the experts. Mayor Rose said Dr. Ehlig apparently
feels that any expenditure should be made on methods involving flood
control, rather than on.additional information to determine 'the .full
extent of .the movement. The Mayor said the Council should consider
the City's responsibility with regard to continuing the investigation,
and if it has been determined that there is no danger of catastrophic
Co failure, additional expenditures for.monitoring should not be made.
O Councilman Crocker said there is no easy remedy to the situation, and
additional drilling.would not change that. The Manager was requested.
mto discuss the -matter with Mr. Keene and report.to the Council at the
next meeting. Mayor Rose said that in the event more drilling is done,
Co "hold harmless" agreements should be required.
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Mr. Kenneth Watts, 1 Wrangler Road, advised the Council that he
is concerned about heavy trucks on roads in the slide area. He said
that two ready -mix concrete trucks used Portuguese Bend -Road for
access to the Lean property on November. 17, and he said when large
trucks use the road heavy vibrations can be felt at the .Wagner proper-
ty,.63 Portuguese Bend Road, and also at the intersection. of Ranchero
Road and Portuguese Bend Road. 'Further, Mr. Watts asked about work
done on the Lean property, since no building permits are issued in
the Flying -Triangle. Mrs. Clifton explained that the replacement of
the patio on the Lean property was approved by the Community Associ-
ation and did not require a building permit. Further, she said that
there is no restriction on truck traffic in the Flying Triangle, but
the.speed limit has been reduced in the area.. Mr. Watts asked whether
there is a weight limit on trucks using Association roads, and Mrs.
Clifton said there is.
Following the discussion the Manager was requested to discuss
with the Association Manager the matter of compliance with load
limits on Association roads, and to ask Mr. Keene to again comment
on whether heavy traffic should be restricted in the Flying Triangle.
BOND FOR UNDERGROUND UTILITIES, TRACT 26652, EUCALYPTUS LANE 2202
In a letter dated October 22, 1981 Mr. K. S. Avera, Southern
California Edison Company, advised that the present cost estimate
to accomplish conversion of electric facilities bordering Lots 1
and 2 of Tract 26652 on Eucalyptus Lane to underground installation
would be $21,850.00. He said the conversion would result in the
removal of two poles, and would require installation of one pole at
the southeast corner of Lot 2. The estimate includes trenching, cable,
installation and labor costs, but does not incorporate telephone costs.
Mr. Avera said the conversion would provide a negligible improvement
in relation to the expenditure.
The Manager said that when the property was subdivided in 1975
a bond in the amount of $12,000 was posted for the work. Mayor Rose
asked that Councilman Pernell, who was a member of the Planning Com-
mission when the tract was approved, review the matter with the Mana-
ger,*and make a recommendation to the Council. The matter was held
on the agenda.
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RESOLUTION NO. 476
November 23, 1981
2215
Councilman Crocker moved that Resolution No. 476 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALI-
FORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNI-
CIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982
FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES be adopted, and that reading in -full be waived.
The motion was seconded by Councilman Pernell and -carried by the
following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose.
NOES: None
ABSENT: None
RESOLUTION NO. 477
Councilman Crocker moved that Resolution No. 477 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING -HILLS, CALI-
FORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE
CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, APRIL 13, 1982 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-Crocker; Heinsheimer, Pernell, Swan -son
Mayor Rose
NOES: None
ABSENT: None
RESOLUTION NO. 478
Councilman Crocker moved that Resolution No. 478 entitled A
RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF ROLLING HILLS, CALI-
FORNIA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PER-
TAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE -COSTS
THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY
ON TUESDAY, APRIL 13, 1982 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 Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: -None
DISPOSAL OF SURPLUS PROPERTY 2234
The Manager reported that the list of items to be disposed of
as surplus property is being prepared, and she asked that the matter
be held on the agenda. The Mayor so ordered.
PROPOSED URGENCY ORDINANCE RE: ABATEMENT OF NUISANCES 2237
A proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLL-
ING HILLS PROVIDING FOR ABATEMENT OF NUISANCES IN GENERAL AND IN AC-
TIVE LANDSLIDE AREAS AND AMENDING THE MUNICIPAL CODE, AND DECLARING
THE URGENCY THEREOF, prepared by the City Attorney at the Council's
request, was presented to the Council. I
Im
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November 23, 1981 9
Councilman Heinsheimer moved that the proposed ordinance be
introduced, that the urgency clause be eliminated, and that reading
in full be waived. Councilman Crocker seconded the motion for pur-
poses of discussion.
In discussing the proposed ordinance members of the Council
agreed that the wording is vague and should be clarified. Council-
man Heinsheimer. said it should be reworded to address general nuisance,
and special nuisance, such as in the landslide area. Members of the
Council.agreed that the ordinance, if adopted, should be adopted as
a regular ordinance, not an urgency ordinance. Changes and clarifi-
Cations were discussed and included, and Councilman. Heinsheimer moved
that Chapter 8.28,. Abatement of Nuisances in Active Landslide Areas,
be deleted. After additional discussion, Councilman Heinsheimer with-
drew the motion, and re -stated his motion that the proposed ordinance
be adopted as amended during the discussion, that the urgency clause
be eliminated and that reading in full be waived. The motion was
seconded by Councilman Crocker and carried by the following roll call
vote:
00 AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
0 Mayor Rose
NOES: None
m
m ABSENT: None
Q
The City Attorney said the ordinance would be presented in final
form, incorporating the -changes recommended by the Council, at the
next meeting.
PLANNING COMMISSION ACTION, NOVEMBER 17, 1981 280/2
Excerpts from the meeting of the Planning Commission on Tuesday,
November 17, 1981, approving an application by Mrs. Margaret Wagner,
53 Portuguese Bend Road, for permission to place a mobile home on her
property and to vacate her existing residence for a period of one year,
subject to re-application at the end of that time period, were presen-
ted to the Council. A memo dated November 19, 1981 from the Association
Manager, advising that the Board of Directors of the Rolling Hills
Community Association approved the request on November 19, 1981 was also
distributed. The information was received for the file, and no action
was taken by the Council.
Mr. Kenneth Watts advised the Council that as a member of the
Planning Commission.he had abstained from voting in the matter, since
he considers the enabling ordinance poorly written and it is his opin-
ion that the determination of whether the residence is uninhabitable
is not within the jurisdication of the Planning Commission. Council-
man Pernell explained that when the ordinance was developed the burden
and responsibility for proving need was assigned to the applicant, who.
should use expertise in submitting the required evidence to the Plan-
ning Commission. Mr. Watts said he considers it within the jurisdiction
of the Department of Building and Safety to make the determination, or
at least make a recommendation about whether the residence is habitable.
Councilman Crocker said there were extraordinanry measures by the appli-
cant, in addition to discovery of a gas leak which required that the
gas service to the residence be turned off.Councilman Heinsheimer said
the applicant had complied with the requirements of the ordinance, and
would have to re -apply after one year, making the same demonstration of
need in order for the permit to be extended.
TRAFFIC COMMISSION RECOMMENDATIONS 428/2
Councilwoman Swanson reported, as Chairmanof the Traffic Commis-
sion, that the Commission made a field trip on Tuesday, November 10,
1981 in response to requests by residents for consideration of traffic
and safety hazards in specific areas. Following review of the areas
and discussion by, members of the Commission, the following recommend-
ations were made to the Council:
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November 23, 1981
CREST ROAD AT EASTFIELD DRIVE - REQUEST FOR ADDITIONAL SIGNING
In response to a request by Mr. F. C. Ripley, 91 Crest Road East,
the Commission recommends that the eucalyptus west of the Ripley drive
way on the south side of the road be trimmed; re -stripe Crest Road
East in that area; install new 9 -reflector sign, painted red, and a
30 x 30" sign advising "END" on the closed South Gate, also a 9 -reflec-
tor sign to replace a damaged sign in the area. The Manager was reques-
ted to order the appropriate signs, and Councilwoman Swanson said she
was asked by the Traffic Commission to contact the Board of Directors
of the Community Association and request that the reflecting striping
on the closed gate be renewed by repainting, using reflective paint,
and that reflective slats be_installed diagonally in.the chain link
fence so the marking .is visible from both sides of the gate. Further,
that the Board be advised that the area is .in very bad disrepair be-
cause of lack of maintenance and upkeep.
BUGGY WHIP DRIVE - REQUEST FOR ADVISORY -SIGNS
Councilwoman Swanson reported that the Traffic Commission drove
the length of Buggy Whip Drive.to observe the curvature and grade of
the road, and recommended installation of a. sign reading "Low Gear"
with an "S" curve advisory, in a location to be determined by. -staff;
also that staff look into the speed limit -and make a recommendation
regarding imposing:a 15mph speed limit downhill-on.the curve.
SADDLEBACK ROAD NEAR HILLSIDE LANE
Councilwoman Swanson reported that a second field trip was made
to a hazardous area on Saddleback Road following a report by Mr. Jerry
Sass, 46 Saddleback Road, that his dog had been killed by a hit -run
speeder early in the morning. In viewing the site it was the opinion
of members of the Traffic Commission that since the time of greatest
speed, as reported by Mr. Sass, is 6:30 to 7:30 A.M., the offenders
probably were familiar with the area, and a stop sign probably would
not be effective. Members of the Commission. agreed that stop signs
should be placed only where they are needed, but the Sheriff should
be asked to concentrate surveillance in the area from 6:30 to 7:30
each morning for a few weeks. Further, it was noted that mailboxes
for.Hillside Lane residents had not been relocated as previously re-
commended, and the Mana ger was directed to have the -work done by the
maintenance crew. Paddles with .reflectors had been installed on the
curve on Saddleback Road, preserving two.parking spaces for emergency
use as recommended, but it was determined that additional paddles
could be placed in a manner which would mark the curve and also leave
space for emergency parking, and additional paddles in a location to
be determined by staff were authorized and recommended by the Traffic
Commission.
REQUEST FOR RELOCATION OF DRIVEWAY, MONTY ORMSBY, 2 EUCALYPTUS LANE
A request for relocation of the driveway serving the.Monty Ormsby
residence located at 2 Eucalyptus Lane, and change of the address to
Portuguese Bend Road, was approved by the Traffic Commission in con-
cept, subject to review of more detailed plans which will be submitted
to the Planning Commission. Councilman-Pernell asked why the request
was made to the Traffic Commission rather than to the Planning Commis-
sion. The Manager explained that the concept of the relocated driveway
was presented to the Traffic Commission for consideration of the safety
aspect, and the matter will go to the Planning Commission with a request
for the necessary variances to accommodate the change. Mrs. Clifton
explained. -that -before the applicant went to the expense of having en- -
gineered drawings prepared it was considered adviseable to have the
Traffic Commission review the feasibility of the request.
The recommendations of the Traffic Commission as submitted to the
Council were approved in a motion made by,Coun,cilwoman Swanson, secon-
ded by Councilman Pernell, and carried by the.following roll call vote:
ME
November 23, 1981 99
AYES.: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
ABSENCE FROM COUNCIL 608
Councilwoman -Swanson advised the Council that she will be out of
the country from December 10, 1981 to January 10, 1982.. Because of
the possibility that other members will be away during the holiday
season, the Council agreed to meet only on the first regular date in
December, unless there is a need to call a special meeting.
INSURANCE PROGRAM 612
The Manager presented the.proposed Insurance Program for the City
for the policy period November 263, 1981 to November 26, 1982 prepared
by Michael Bush, Cal-Surance Associates. Mrs. Clifton said the Associ-
co ation had taken out a separate policy, and a chart showing the difference
0 in cost between last year and the current proposal was distributed.
She said it is her recommendation, as well�as the broker's, that the
NH City stay with -the current carriers, who are defending the City in
CO litigation. The Manager explained that last year's coverage in the
(n amount of $&-million-. included the Rolling Hills Community Association,
Q Tennis Club, Caballeros and Women's Club, also coverage for errors and
omissions, for $15,321, The current proposal. for coverage for the
City,in the amount of $10 million, including $9 million umbrella and
$1 million single limit, is $16,645, and the Community Association,.
Tennis Club, Women's Club and Caballeros have been excluded. Mayor
Rose asked whether those organizations were included .in the Associa
tion's coverage, and Mrs. Clifton said they were. Councilman Pernell
said he thought the City should also be named in the Association's
policy, since the.City leases certain properties to the Association.
Councilman..' -Crocker said the City Attorney should notify the Associa-
tion of the City's wish to have evidence of protection of the City
on all properties leased by the Association from the City.
Following the discussion Councilman Crocker moved that'the City
proceed to. place.the coverage at a. cost notato exceed $17.,000. The
motion was seconded by -.Councilwoman Swanson and carried by the follow-
ing roll call vote:
.AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES:. None
ABSENT: None
INSTALLATION OF CARPETING 762
.The Manager reported that the carpeting and vinyl.flooring for
the Administration Building has been ordered in accordance with the
awarding of the bid, and will arrive late in December. Mrs. Clifton
said installation will take at least four days, and arrangements have
been made with a local transfer company for moving of office furniture
as required. The Council directed the Manager to handle the matter
administratively.
ADJOURNMENT_ 807
Mayor Rose adjourned the meeting at 9:55 P.M.
APPROVED:
Mayor -7
City Clerk