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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. -2- 164, 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 -3- 165 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. we 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. -5- 16'7 . 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 ffm 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. -7- • a� 169 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: U 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. -10- 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 -11- City Clerk I.