4/26/1982162
MINUTES OF A
.REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
April 26, 1982
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,
April 26, 1982.
ROLL CALL
PRESENT: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
Councilmember Heinsheimer arrived at 7:40 P.M.
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
None
Teena Clifton
Michael Jenkins
June Cunningham
Arthur Keene
Robert Thomas
Deborah Feldman
Morley Mendelson
Robert Mohr
Mrs.. Carol Boyd
Mrs. Judie Donner
Mrs. Carol Hanscom
K. Leeuwenburgh
K. Watts
WN
City Manager
City Attorney
Deputy City Clerk
L. A. County Geologist
L.. A. County Geologist
Attorney
Attorney
Advanced Electronics
R::H: Women's Club Representative
League of Women Voters' Observer
Resident
Resident
Resident
The minutes of the meeting on April 12, 1982 were approved and
accepted as corrected on a motion made by Councilwoman Swanson, seconded
by Councilwoman Murdock and carried by the following roll call vote:
AYES: Councilmembers He.insheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
FINANCIAL STATEMENT
The Financial Statement for March 1982 was held on the agenda for
consideration at the next meeting.
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 10339 through 10356
and 10358 through 10363 in the amount of $21,758.46 be approved for
payment from the General Fund;. that Demand No. 10342 in the amount of
$424.95 be approved for payment from the Fire and Flood Self Insurance
Fund and that Demand No. 10357 be voided. The motion was seconded by
Councilwoman Murdock and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
CITY COUNCIL COMMITTEE ASSIGNMENTS 142
Mayor Pernell asked Councilmembers to indicate a preference for
committee assignments on a list distributed to them, and to return it
to him so that appointments can be made at the next Council meeting.
April 26, 1982
CITY OF ROLLING HILLS ESTATES: ALLOCATION OF PARK GRANT FUNDS 176
163
A letter dated April 15, 1982 from.the City of Rolling Hills
Estates, a copy of the Joint Powers. Agreement and copies of two
enabling resolutions were presented .to the Council,in connection with
a request by the City of Rolling Hills Estates that Rolling Hills al-
locate funds from the Roberti-Z'berg Program for construction of -
facilities at the rnie Howlett Park in Rolling Hills Estates.
RESOLUTION NO, 488
Councilwoman Swanson moved .that Resolution No. 488, entitled A
RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING
ITS GRANT UNDER THE ROBERTI-Z'BERG OPEN SPACE AND RECREATION PROGRAM TO
BE UTILIZED BY THE CITY OF ROLLING HILLS ESTATES be adopted, and that
reading in full be waived. The motion was seconded by Councilwoman
Murdock and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
00
NOES: None
ABSENT: None
m
Co RESOLUTION NO. .489
Q
Councilwoman Murdock moved that Resolution No. 489 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING
THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN
SPACE AND RECREATION PROGRAM FOR ERNIE HOWLETT PARK IN THE CITY OF
ROLLING HILLS ESTATES 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,.Leeuwengurgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
JOINT EXERCISE OF POWER AGREEMENT
Mayor Pernell was authorized to execute the Joint Exercise of
Power Agreement in a motion made by Councilwoman Swanson, seconded
by Councilwoman Murdock and.carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
- NOES: None
ABSENT: None
LIABILITY INSURANCE 258
A letter dated April 19; .1982 from Mike Bush, Account Executive
for Cal-Surance,. was presented to the Council. The City Manager said
she met with.Mr. Bush to discuss the coverage provided for the City
by the Rolling Hills Community Association, and his letter addresses
the questions that should still be answered.. Mrs. Clifton said she
and Mr. Bush had developed the figures to be inserted in the lease,
which was then forwarded to the Community Association.
'Mayor Pernell ordered the matter held on the agenda until all
information which has been requested has been supplied.
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April 26, 1982
LEASE BETWEEN CITY OF ROLLING HILLS AND COMMUNITY ASSOCIATION 360
The City Attorney reported that the lease has been revised as
directed by the City%Council, insurance figures have been inserted
and the lease has been forwarded to the Board.of Directors, Mr.
Jenkins said copies of the lease would be supplied to the Council.
The Manager advised that she is concerned about meeting the time limits
for notifying the Community Association of the charges for leasing the
facilities for the new fiscal year.
Mayor'Pernell asked the City Manager to provide him with a list
of items which are pending between the City and the Association, so
that representatives can meet and discuss them.
ADVANCED ELECTRONICS, ZONING CASE NO. 212 439
Mr. Jenkins said that Mr. Robert Mohr, and his attorneys, Morley
Mendelson and Deborah Feldman were present at the meeting, but since
neither Mr. King nor his attorney were pr.esent,'.he,advised::.that there
should not:+be' any :discussion,�of "Zoning Case No. 212.. Mayor Pernell
:said that ,at'the; last :City Council :meeting•- further discussion of the
matter was deferred .until May 10., and has not been published on the
agenda for this meeting. The -matter was held for discussion at the
next regular Council meeting.
PUBLIC HEARING, SWIMMING POOL ON EVANS PROPERTY, 62 PORTUGUESE BEND RD. 482
Mayor Pernell said a public hearing to determine whether the
swimming .pool on the James Evans Property at 62 Portuguese Bend Road
constitutes a public nuisance pursuant to Rolling Hills Ordinance 190,.
Abatement of Nuisances, held on the agenda from the last meeting, was
now open for discussion.
Mrs. -Clifton reported a notice of the hearing which was sent'to
Mr, and Mrs. Evans by certified mail was returned by the Post Office
unclaimed after a period of time; a notice sent by regular mail was
returned marked "Refused", and that notice of the hearing was also
delivered by messenger and was taped to the front door of the residence..
Mr. Jenkins said he•was satisfied that the City had made every reason-
able effort to.notify Mr. and Mrs. Evans of the hearing. Further,.the
City Manager reported that she had left messages on a.recording de-
vice when she attempted to reach Mr. or Mrs. Evans by telephone.
Mayor Pernell asked Mr. Arthur Keene, Chief Engineering Geologist
for Los Angeles County, to speak to the matter. Mr. Keene said he made
a field trip to the Flying Triangle area about three weeks ago to make
general observations of the progress of the landslide in the area. It
was his observation at that time that the lower part of the landslide
is moving at a more rapid rate than the upper portion, and he said
there has been a definite acceleration between the horshoe bend on
Portuguese Bend Road and the Kelly residence on Pinto Road. Because
there have been heavy rains since January, Mr. Keene said it can be
assumed that the landslide has accelerated since January, although
data is not available from the end of January to the present time. Mr.
Keene said that Bob Thomas, County Geologist, visited the Kelly home
and reported that the break up is even more severe than he anticipated,
although he had last seen the home two weeks ago. Mr. Keene said the
continued acceleration of the landslide can exert stresses on the
swimming pool.. Mr. Keene said further that ordinarily he would not be
concerned.about a pool which kept its integrity and did not develop
hairline cracks which could permit seepage into the landslide debris,
but according to available records the swimming pool on the Evans
property was not built .for structural integrity as one large unit; it
was constructed in a standard foundation on five feet of compacted fill.,,
and it has been his experience in working with landslides that pools of
that construction do inevitably crack up and produce leakage through
hair line cracks. Mr. Keene said it is a very slow process and there
is no need for panic, since the seepage'of water from the pool would
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April 26, 1982
be minute, but contributory,and constant. Mr. Keene said development
of cracks and drop in the level of water in the pool would be a clear
reason for emptying the pool; however,.he said that since the slide is
still moving it is his opinion that the pool should be emptied,. since
during the approaching season there probably will not be rain, and the
pool would be the only contributory factor in that immediate area. He
said that although.it is not a sure thing,with regard to slowing the
landslide, he does.feel that it is adviseable. Mr. Keene asked Mr.
Bob Thomas to speak in more detail on what he has observed..
Mr. Thomas said that when the field trip was made about three
weeks ago the Kelly residence was suffering damage from midway in the
house, toward the canyon. From his recent observation and from conver-
sations with Dr. Kelly, he said more than two thirds of the house is
now being affected by the slide, and the western boundary.of the slide
appears to be moving west, affecting more of the Kelly residence. He
said there is one large crack running through the house that he had
not seen before, since it is new. The slope behind the house is_en-
croaching onto a.retaining wall which is tilting toward the house and
the area between the house and the retaining wall is nar.rowing,-indi
eating that.the hill is creeping toward the house. Mayor Pernell said
Mr. Keene said.the-house was:breaking up more than was thought possible
and he asked Mr. Thomas to comment on the statement_. Mr. Thomas said
that when he, Mr. Keene and.Dr. Ehlig made a field trip to.the site
three weeks ago they did not anticipate such a dramatic shift, and
they are unable to pinpoint the cause of such a dramatic shift in
three weeks. He said there is no doubt that the land between the
house at 62 Portuguese Bend Road and the Kelly house is starting to
creep downhill and buckle under.. Mayor Pernell asked Mr. Thomas if
he concurs with Mr. Keene's'recommendation that the water be removed
from the pool on the Evans property at this time. Mr. Thomas said
he considers it a very appropriate thing to do because it is known
now that. in time the pool will break up, and emptying the pool would
help mitigate any problem which might arise from break up of the pool..
He said, further, that the seepage pit at 62 Portuguese Bend Road is,
in his opinion, another contributory factor to the acceleration; also
the seepage pit on the Anton.Weber property at 53 Portuguese Bend Road,
since both seepage pits are still being used by the residents.. Tests
indicate that the lines to both pits have been sheared by the land-
slide, and sewage effluent is leaking out into the landslide plane,
contributing to the acceleration of the slide.. Mayor Pernell asked
Mr. Thomas to explain how this conclusion was reached.. Mr. Thomas
said specifications for the installation of the seepage pit on the
Evans property were reviewed,,.and it can be assumed that the 4 inch
clay pipe has sheared, based on test data made in the area,, and that
the effluent is entering the ground instead of the pit. He said the
same assumption can be made with regard to the Weber property.
Councilwoman Swanson asked Mr. Thomas whether he thought other
pools in the Flying Triangle should be emptied, specifically the
pool on the Doak property. Mr. Thomas said the only pool he could
comment on is the Doak pool,.because of the proximity to the active
slide, and it was his opinion that it could be contributoryto the
acceleration. He said.that.a field trip was made about two months
ago and it was noted that there was more distress around the Doak
residence; the major eastern boundary of the landslide had widened
and had caused new cracking in the pool decking on the Doak property,.
and hairline fractures in the swimming pool. He said it was difficult
at the time to determine whether the distress in the pool and the pool
decking was directly related to the landslide, and he cannot say at..
this time whether the observations made two months ago.are a result
of the continued movement, but it can be said that there is more dis-
tress in and around the Doak swimming pool and the home and if the
landslide continues to progress to the east, it is possible that the
swimming pool and the residence will be affected. Councilwoman Swan-
son asked at what point the property will be checked again. Mr.
Thomas said the Council has authorized eight hours of inspections by
the County Geologist per month, including monitoring of the last slope
indicator near the Kelly residence and making structural surveys of
the affected homes. He said evidence of new distress will be reported
to the City Manager for a report to the Council.
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April 26, 1982
Mayor Pernell asked Mr. Thomas if he had any additional.comments
that could be directly related to the James Evans property. Mr. Thomas
said that when the field trip was made he and Dr. Ehlig made a survey
of the eastern canyon, and that.,canyon showed increased landslide accel-
eration, explaining that where rainfall runs off down slope there are
small erosion scars along .the side of the canyon wall.. One of these
has been monitored since May 1980 and there is now an offset of as
much as four inches in one of the drainage rills to the south-southeast.,
which represents four inches of movement in that area. Walking along
the canyon bottom or the western canyon wall loose material bulging
out can be seen, indicating that it has been highly distressed_. Mr..
Thomas said there can be no doubt that the landslide has accelerated
since January; since the last data was collected January 30, it is
not known just how .much it has accelerated.. Mayor Pernell asked if it
could be connected with the James Evans pool. Mr. Thomas said such a
connection could be made only if it was determined.that the pool is
leaking; unless water is being introduced directly the pool could not
be considered a factor, even if the pool is tilted. He said the pool-..
probably will continue to.tilt, and possibly some water may slosh out.
as it tilts, but unless the pool has a crack which allows the water to .
seep down through the crack into the natural soil,.there is no contrib-.
uting factor from the swimming pool. Mr. Thomas said that based on
experience with other landslides and data collected regarding the Flying
Triangle, it is only logical to assume that within a given period'of
time with the current acceleration the pool will not be able to with
stand the stress, and.eventually it will crack and leak, but at the
present time there is no sign that it has cracked, but it is tilting.
Councilwoman Murdock asked if it is the geologists' opinion that
there is any chance of sudden failure of the pool. Mr.'Thomas said
that at this time it is their opinion that the landslide is not capable
of creating such force that the pool would crack and suddenly drain all
the water out at once; since it has been monitored the landslide has
been a slow creep affair, moving downhill, and as it continues to move
it is going"to continue to distress the swimming pool and the cracks
will develop gradually and widen through time,- and as they widen more
water will leak out. He said a sudden shift of the ground.to the
point where the pool would crack and all the water would leak out is
not anticipated. Mayor Pernell asked how close the bulge is to the
Kelly property. Mr. Thomas said the bulge behind the Kelly house is
bulging against a four foot high retaining wall, which is tilting, and
at the closest point to the house is no more than three feet away.,
Councilwoman.Murdock asked whether control of sewage effluent
would have an effect on the distress on the swimming pool. Mr. Thomas
said that control of sewage effluent would eliminate one of the causa-
tive reasons for acceleration of the slide, and in the drier months
ahead the sewage effluent is going to be a more causative factor than
rain; if the major causative factor can be eliminated, the acceleration
can be slowed down, and the distress on the swimming pool would be
slowed down, also. Councilwoman Swanson asked Mr. Thomas if he would
recommend installation of above ground sewage disposal systems for both
the Weber and Evans property, and Mr. Thomas said he would,. since the
seepage pits on both properties are no longer operating, and are contrib-
uting to the acceleration. Councilwoman Swanson asked whether natural
runoff from the roads should be diverted'from the slide area. Mr.
Thomas said it is his opinion that the current drainage system in the
area keeps the water away from the slide, and no drainage system puts
water into the slide. Councilwoman Swanson asked whether the Kelly
problem could affect other properties. Mr. Thomas said that at the
present time the Kelly residence is the only house in that sector of
the landslide that is being distressed, but from new cracks in the
Kelly home it is known that the landslide is moving west toward the
Po property, although the Po home does not appear to be in danger.,
only that the landslide is advancing in that direction; at present
only the Kelly residence is being distressed.
Mayor Pernell asked whether anyone wished to question Mr. Thomas,
or whether the City Attorney thought other items concerning the slide
should be'addressed. Mrs. Clifton said she wished to enlarge on the
drainage in response to"Councilwoman Swanson's concern about runoff
of water from the roads, and she defined the location of the catch
basin near the Evans property, explaining the course the water follows.
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April 26, 1982
Mr. Thomas said the drainage system the City Manager is discussing
is located between Trench No. 1 and the Evans house, and it does carry
a large volume of water during heavy rains from the central section of
the active slide down into the west tributary of the canyon, and dumps
it into the landslide area, but not into the active portion, and it
contributes little, if any, to the active slide. Mr..Keene said the
water is carried in a closed pipe, and he agreed that it is doubtful
that any of the water enters the active slide, since the pipe goes
under the road, and empties below the landslide plane. Mr.. Keene and
Mr. Thomas said the drain would be monitored during the eight hours
of inspection made monthly. Mayor Pernell thereafter closed the public
hearing, and said discussion of the swimming pool on the Evans property
would be deferred to permit further questions by the Council regarding.
general information about the landslide..
Councilwoman Swanson asked the geologists whether they thought the
right questions were being asked by the Council.for the benefit of all
residents in the Flying Triangle. Mr. Keene said it was his opinion
that sewage effluent is a major problem in the area, and a major con-
tributor to the problem. The Mayor said a letter has been received
00 from Mr. Anton Weber relative to the cesspool on his property.at 53
Q Portuguese Bend Road, and there has been no response from Mr. and Mrs..
r'i James Evans. He asked whdther these are the.two major contributors.
m Mr. Thomas said they are; since the pipes probably have been sheared
m through and damaged by. -landslide movement." so they are no longer
functioning. He said surrounding properties'!have not been inspected.,.
Q so no comment can be made about them. Mr. Keene said that his'comments
pertain mainly to the Evans seepage pit., since there.is a portion of
the ancient landslide under the active landslide; the Weber develop-
ment is.older and may not have a seepage pit. He said it is possible
that there is a cesspool leaking directly into the active slide.
Councilwoman Swanson asked Mr..Keene whether it is his opinion
that the City should make an effort to discontinue discharge of effluent
into the ground in the entire Flying Triangle,.whether the properties
are in the active or ancient landslide.. Mr. Keene said the answer is
yes, since he has previously recommended that sewage effluent should
not be permitted to enter either the active or ancient landslide. Mr..
Thomas said the recommendation was made.-in.Phase I and Phase II of the
geology reports produced by the Geology Section of Los Angeles County..
Councilwoman.Murdock asked whether it is a simple matter or a major -
project to determine whether a seepage pit is working as it was inten-
ded. Mr. Keene and Mr. Thomas explained.various procedures to make
the determination, and said it takes very little time to determine
whether the pipe has been sheared. Mr. Keene said the Evans seepage
pit has' a four inch clay pipe going down sixty feet into the ground..
It is evident that there is a four inch displacement twenty.f_ive or
twenty seven feet down, and that effluent is being introduced.into
the slide at that level. Councilwoman Murdock asked whether it would
be a major project to make a'determination on all properties in the
Flying Triangle. Mr. Thomas said such a project is not within their
jurisdiction. He explained that following the.approval given in 1971
or 1972 -for issuance of building permits in the Flying Triangle area.
requirements nor installation of seepage pits were developed so -.all
sewage effluent would enter below the lowest slide plane.. He said
the drilling requirements were developed by Lockwood, Singh Associates.
Mrs. Carol Hanscom, 12 Williamsburg Lane, asked whether there has
been any attempt to determine whether the homes in the Flying Triangle
have septic tanks in addition to cesspools, since many older- homes,do
not have both. Mayor Pernell said he thought that would be more a con-
cern of the Health Department.
Councilwoman Leeuwenburgh said she would like to make a field
trip to the landslide area with the geologists to become familiar
with some of the problems. Mayor Pernell said the request should be
cleared first with the City Attorney, then with the geologists.
.Councilman Heinsheimer suggested that Ordinance No. 190, providing
for abatement of nuisances in general and in active landslide areas, be
reviewed, and he said it is his opinion that the Council should act on
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168
April 26, 1982
the swimming pool on the Evans property and the cesspools on the Evans
and Weber properties as soon as possible, since under the provisions
of the ordinance the burden of proof is on the resident to abate the.
nuisance, once the nuisance has been determined by the Council to exist.
He said the Council has had expert testimony,"confirming the Council's
opinion that the swimming pool on the Evans property is a nuisance, and
said the drainage into the ground from the Evans and Weber seepage pits
is also a nuisance, as confirmed by the geologists. Councilman Heins-
heimer said the City should act to cut off the water supply to both
properties, and to have the swimming pool on the Evans property drained.
Councilwoman Swanson said she would agree with draining the pool, but
she thought cutting off the water supply would add to the burden of the
residents of those properties. Councilman Heinsheimer said Chapter 8..28
of the ordinance gives the Council discretion to act to abate nuisances
in the active landslide areas, and he said the Council can make a finding
based on the information presented, without.a public hearing..
Following discussion and based on a recommendation by the City
Attorney, Councilman Heinsheimer moved that the.swimming pool on the
James Evans property located at 62 Portuguese Bend Road be found to
be a nuisance pursuant to Section 8.24.050.of Ordinance No. 190 based..
on information presented.by County Geologist acting as consultant to
the City, and his advice _that there is severe bulging in the".hillside-below the
swimming pool; significant landslide movement in the area of the pool.;.
construction of the pool ,is of the type which could fail, leak or
crack inevitably upon the type of movement which is occuring; that the
swimming pool is presently in a tilted position, that the residence
immediately below the swimming pool is suffering from stress -due to
geologic instability and that despite numerous requests made to the
owner by the City no response has been received to the effect that for
reasons unknown to the Council and the geologists the pool is safe and
was constructed in such a manner as to withstand the kind of land move-
ment which is occuring, and that the nuisance.be found to apply to the
swimming pool in its present full condition. The motion was seconded
by Councilwoman Swanson. -
In discussing the matter Councilman Heinsheimer said he wished to
ask that the Council act pursuant to Section 8.24.100, Summary Abate-
ment. Councilwoman Murdock said that the information presented to the
Council does not indicate that that the nuisance creates an emergency
condition involving an immediate threat to the physical safety of the
population. Mayor Pernell said the finding made pursuant to Section
8.24.050 incorporates the time limit set forth in Section 8.24.060,
which is thirty•. days from the date of the notice. The motion to
declare the full swimming pool a nuisance carried on the following
roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
Councilman Heinsheimer said that there is ample evidence that the
owner of the property located at 62 Portuguese Bend Road intends to.
ignore the finding of nuisance by the City Council, and he moved that
the Council invoke Section 8.24.100, Summary Abatement, and abate the
nuisance on Thursday, April.29, 1982 at 9:30 A.M. The City Attorney
said it would be necessary for the Council to find that the nuisance
creates an emergency condition.; and it could do so if some cracks .in
the pool could be found to exist. The motion died for lack of a
second.
Councilwoman Swanson asked if it would be appropriate to discuss
the sewage and declare the seepage pits a nuisance. She said she feels
compassionate toward the owners of the properties being discussed, and
it is her opinion that the Council wants to help them, but the lack of
response on their part requires that the Council act to protect the
health and safety of other residents in the area.
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April 26, 1982
Mayor Pernell said he does not disagree with Councilman Heins-
heimer's intent, but he does think the resident should be given more
time, specifically 30 days. Councilwoman Swanson suggested that the
Council ask the geologists to inspect the pool every few days to de-
termine whether it .is actually leaking. The City Attorney said that
could be done, and he advised that under the provisions of the ordi-
nance the owner of the property must be advised that the Council has
found the pool to be a public nuisance which must be abated,.and if
the owner who has been so advised fails to abate the nuisance within
thirty days the City is authorized to have the nuisance abated. Mr.
Jenkins said that once there has been a finding of public nuisance., a
City official or representative of the Council can go upon the property
to make the necessary inspection. Councilwoman Swanson said it.was her
opinion that the matter of the cesspools and seepage tanks should be
dealt with immediately, since testimony has been presented that they
are permitting water to enter into the slide plane., while it has not
been demonstrated that the swimming pool is doing so.
Councilman Heinsheimer said he wished to move that; given.all the
testimony presented, and for the reasons previously stated in finding
that the swimming pool constitutes a public nuisance, the Council
invoke Section 8.24.100, Summary Abatement,. in connection with abating
the nuisance caused by the swimming pool. The motion was seconded by
Councilwoman Swanson and failed to carry on the following roll call vote:
AYES: Councilmembers Heinsheimer., Swanson
NOES: Councilmembers Leeuwenburgh, Murdock, Mayor Pernell
ABSENT: None
Mr. Kenneth Watts, 1 Wrangler Road, said he agrees with Council-
woman Swanson that the cesspools and seepage tanks are a greater
hazard than the swimming pool, and should be treated as an emergency.
The City. Attorney said he wished to 'state for the record that the
Council has found that the.swimming pool .is a public nuisance.., and the
ordinance requires.that.the nuisance must be abated within thirty days. -
To clarify the matter Mr. Jenkins said the property owner should be
notified tomorrow that the swimming pools must.be emptied within thirty
days of Tuesday, April 27, and the water is to be carried out of the City.
Further,the owner should be advised that if the City causes the pool to
be emptied and the water removed from the City, the cost.for:.so doing
will -be charged to the owner. Further, Mr. Jenkins said that once the
pool has been emptied it must be monitored by the geologist to assure
that it is not re -filled with water,. unless it is filled with sand
after the water has been removed. Mr. Thomas said that. although the
County Engineer does have the power to go upon a property on official
business, it was his opinion that.it might be difficult for the geolo-
gists to monitor the Evans pool because of the attitude shown to them
by Mr. and Mrs.. Evans. The City Manager said monitoring can be done
by City staff.. Councilwoman Swanson said that if the pool is refilled
the water to the property should be turned off.
Mayor Pernell opened discussion of the cesspools..' Councilman
Heinsheimer moved that the Council find the cesspools a public nuisance
and order that they be opened within 30 days to determine whether the
pipes have in fact been sheared. The motion was seconded by Council-
woman Swanson..
Mr. Jenkins said that when the letter was sent to Mr. and Mrs.
Evans they were advised that there was evidence that their cesspool
also constituted a public nuisance; he said similar notice.was not
sent to Mr. and Mrs.. Weber.
Councilman Heinsheimer moved that Mr. and Mrs. Evans be notified
that based on testimony presented. to the Council by the geologists it
appears that shearing has occurred and that effluent is being intro-
duced into the slide plane, and if the property owner canshow that
shearing has not occurred and that the nuisance does not exist, the
nuisance shall be considered to be abated, with such proof submitted
to the Council at the next meeting on May 10, 1982. The motion was
seconded by Councilwoman Swanson and carried by the following roll
call vote:
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170
April 26, 1982
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock
Swanson,Mayor Pernell
NOES: None
ABSENT: None
A letter dated'March 15, 1982 from Anton B. Weber, 53 Portuguese
Bend Road, was distributed to the Council. In his letter Mr.. Weber
give permission to have the top of the cesspool on his property opened
and allow the geologists to make a determination regarding the condi-
tion of the cesspool, providing certain conditions specified by Mr.
Weber be met..
Councilman Heinsheimer moved that the City Council find that a
nuisance exists on the Anton Weber property at 53 Portuguese Bend
Road pursuant to Section 8.24.010 of Ordinance No. 190, with regard..
to the cesspool, and that Mr. Weber be required to abate the nuisance
within thirty days. The motion was seconded for purposes of discus-
sion by Councilwoman Swanson.
Mr. Jenkins advised the Council that the motion as stated requires
that unless the public nuisance has been abated within fifteen days, a
public hearing must be held,.after which the property owner will have an
additional thirty day period in which to abate the nuisance.
Councilman Heinsheimer amended his motion to find that based,on
testimony presented to the Council by the geologists, and including
the letter written by Mr. Weber, the Council finds that shearing has
occurred and that effluent is being introduced into the slide plane;
that a public nuisance exists which must be summarily abated pursuant
to Section 8.24.100 of Ordinance No. 1903, with proof submittedto the
Council at the next meeting.on May 10, 1982. The motion as amended
was seconded by Councilwoman Swanson and carried by the following roll
call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
The matter was held on the agenda for the next meeting.
APPOINTMENT TO COUNTY SANITATION DISTRICT
Mayor Pernell ordered the matter held on the agenda,. and said
the appointment would be discussed in connection with City Council
committee assignments.
TRACT 32256, ROGER MEURER, BOND NO. 51605 1630
Copies of correspondence from the City Attorney were distributed
to the Council. In a letter dated April 16, 1982 Mr. Jenkins advised
Mr. Roger Meurer, subdivider of Tract No. 32256 that he had reviewed
the subdivision contract between Mr. and Mrs.. Meurer and the City of
Rolling Hills, and he advised that the obligation under the contract
does not expire upon any subsequent disposition of the property.
Because Mr. Meurer had advised the City Attorney that it is his inten-
tion not to pay the $28,000 to the City for street and drainage improve
ments which were an obligation of the tract map, it will be necessary
to call in the bond and obtain payment from the surety.
In a letter dated April 16, 1982 to Fremont Indemnity, Mr. Jenkins
advised that with respect to Bond No. 51605 Mr. Meurer informed him
that the owner of a third trust deed on his property is planning to
foreclose on the property, and that Mr..Meurer stated that he had no
intention of paying his obligation to the City. Mr. Jenkins said it
was necessary, therefor, to make demand upon Fremont Indemnity Company
ME
April 26, 1982
'1'71
on behalf of the City of Rolling Hills, .that a check in the amount of
$283,000 made payable to the City of Rolling Hills be forwarded within
ten days, pursuant to Surety Bond No. 51605.
The correspondence was received for the.file.
MATTERS FROM MEMBERS OF THE COUNCIL 1655
COUNCILWOMAN SWANSON
Councilwoman Swanson asked that the newly elected Council take
action as soon as possible to appoint a member of the Planning Commis-
sion, a member of the.Traffic Commission, and schedule a joint meeting
with the Board of Directors of the Rolling Hills Community Association.
COUNCILMAN HEINSHEIMER
Councilman Heinsheimer asked that Councilwoman Murdock work with
Mayor Pernell to review applications for the position of City Manager
and make recommendations to the City Council.-
00
ouncil.oo PLANNING COMMISSION CHAIRMAN 1675
Planning Commissioner Ken Watts advised the Council that he has
m been a member of the Planning.Commission for four years,..and during
m the past year he has served as Vice -Chairman. Mr. Watts said he was
Q recently advised by a member of the Commission that he cannot expect
to automatically assume the Chairmanship which has been vacated by
the election of Chairman Jody Murdock to the City Council.
Mr. Watts said that he.is a resident.of the Flying Triangle.,
and on the advice of his attorney he has joined resideftts�in".litigation
filed against the City.. At .that time he contacted the Planning Commis-
sion Chairman and the Mayor of the City, and he offered.to resign from
the Commission if it was..felt that his lawsuit conflicted with his
service on. -the Planning Commission. Mr. Watts said he was advised that
there was no conflict, which confirmed his feeling in the matter. Mr.
Watts said reorganization of the Planning Commission has been.scheduled
for the meeting on Tuesday,. April 27, and it was his feeling that he
was qualified to serve as Chairman if the Council did not think it
would conflict with his position as a resident. Members of the City
Council agreed that since Mr.. Watts does not feel that there is a
conflict there would not be any objection to naming Mr.. Watts as
Chairman. The City Attorney agreed with the interpretation.
COUNCILWOMAN MURDOCK. 1745
Councilwoman Murdock said that at some point she would like the
Council to consider imposing a penalty fee for applications for "as
built" structures....She said that most.of the residents.make applica-
tion to the Planning Commission and proceed through regular channels,
which includes meetings., field trips and review of the decision by
the Planning Commission; in cases where.residents proceed without
going through the procedure, when it becomes evident that a variance
or conditional use permit is required, application is made, and since.
the improvement has been completed., approval is granted on -the "as
built" plan. Councilwoman Swanson said a penalty fee might discourage
this.
The City Manager said Association fees are doubled., and she said
twice the usual fee could be imposed by the City.
COUNCILWOMAN LEEUWENBURGH 1760
Councilwoman Leeuwenburgh reported that she attended the last
meeting of the Board of Directors, and President Andrew.Shaw asked
her to convey his congratulations to the City Council on the results
of the election and the newly organized Council., and the Board indi-
cated that they would be willing to meet jointly with the Council in
the near future.
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i
April 26, 1982
CITY MANAGER 1775
The Manager reported that Community organizations are making plans
for a Community -wide -celebration of the City's 25th anniversary of
incorporation, and she asked that a Council representative be named
to represent the City; also that a member of the Council be designated,
to work with the Sheriff's Department in a simulated disaster exercise
scheduled for May 27. Mayor Pernell said the assignments would be made
during the closed session.
PALOS VERDES DRIVE.NORTH IMPROVEMENT PLANS 1790
The Manager reported that final plans for the proposed improvement
of Palos Verdes Drive North have been submitted to her, and.it was her
intention to advise Rolling Hills residents who live on Palos Verdes
Drive that the plans may be reviewed at the Administration Building.
Mayor Pernell said he wished to have the community advised in the News-
letter that the plans are available, and he suggested that the Manager
state that they may be reviewed during the hour immediately preceding
the next Council meeting.
CLOSED SESSION
Mayor Pernell .recessed the meeting to a closed session at 10:10 PM.
The meeting was reconvened at 10:30 and the Mayor announced that during
the closed session Councilwoman Murdock was named Alternate Director
to the County Sanitation District,. to represent the Mayor at meetings
of the District when he:is unable to attend, and that Councilwoman
Leeuwenburgh has been designated City Council representative for the
City's 25th Anniversary Celebration on July 4, and City Council repre-
sentative for the disaster exercise to be conducted by the Sheriff on
May 27.
ADJOURNMENT
The meeting was adjourned at 10:30 P.M.
APPROVED:
Mayor
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City Clerk
I.