Loading...
5/10/1982A regular was called.to Road, Rolling May 10, 1982.. ROLL CALL PRESENT: ABSENT: 173 MINUTES OF A. REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS,:CALIFORNIA May'10,,1982 meeting of the City Council of the City of Rolling Hills order at the Administration Building, 2 Portuguese Bend Hills, California by Mayor Pernell at`7:30 P.M. Monday, ALSO PRESENT: APPROVAL OF ­MINUTES Councilmembers Leeuwenburgh, Murdock, Swanson _Mayor Pernell Councilman Heinsheimer Teena Clifton Michael Jenkins June Cunningham Chief Ray Brunstrom Deborah Feldman Morley Mendelson Mr. & Mrs. G. Fisher Dr. & Mrs. D. Borden Mrs. C. Boyd Mr. ,& Mrs. E. Doak Dr. & Mrs. N. Donner Dr. & Mrs. R.. Hoffman Mrs. A. Kraus Mrs. B. King Mr. & Mrs. A. Russell Mrs. M. Wagner A. Weber Mr. & tars. K. Watts aw- City Manager .City Attorney Deputy City Clerk L. A. County Fire Dept. Attorney Attorney Rancho Palos Verdes Residents, Th,e minutes of the meetings on April 20, 1982 and April 26, 1982 were approved and accepted as presented on a motion made by Councilwoman Murdock, seconded by Councilwoman Leeuwenburgh and carried by the follow- ing roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: ABSENT: FINANCIAL STATEMENTS None Councilman Heinsheimer The Council reviewed the Financial Statement for April 1982,. which was held on the agenda from the.last meeting,and the Financial State ment for May 1982. A motion to approve and accept the statements was. made by Councilwoman Swanson, seconded by Councilwoman Murdock.and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer PAYMENT OF BILLS. 955 Councilwoman Swanson moved that Demands No. 10364 through 10374, 10376 through 1.0407 and 10409 through 10424, in the amount of $89,.584607 be paid from the General Fund, and that Demands No. 10375 and 10408 be voided. The motion was seconded by Councilwoman Murdock and carried by the following roll call vote: 174 May 10, 1982 AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer REPORT FROM FLYING TRIANGLE HOMEOWNERS COMMITTEE. 1021 Mayor Pernell reported that residents in the Flying Triangle have joined in an effort to control and mitigate the circumstances in the landslide area. He said Dr. Richard Hoffman has presented the tenta- tive plan to the Rolling Hills Community Association on behalf of the Flying Triangle Homeowners Committee, and is present at the Council meeting to make a presentation.. Mayor Pernell said he has met with Dr. Hoffman, who explained the elements of the plan, and he invited Dr. Hoffman to address the meeting. Dr. Richard Hoffman, 73 Portuguese Bend Road, said he was present to inform the Council of the activities of a group of Flying Triangle residents and a progress report of what has been accomplished to date. Dr. Hoffman said he believes there is encouraging and optimistic news to report. He said that about one year ago it became apparent to the residents that no effort was being made to control or stop the slide, - and at a neighborhood meeting a decision was made to try to do some investigation and make a determination about what -.the facts were, and what could be done. A committee was formed to investigate a solution and related issues, comprised of one member living within the active landslide, with the balance of the committee living outside of the boundaries of the slide. This was done., he said, to retain as much objectivity as possible, and the committee consists of five members. Initially it was decided that the committee would be totally uninvolved in litigation, and would not address any issues concerning cause of the slide; that position has been adhered to, Dr. Hoffman said. Several consultants were contacted and a general statement of con- cerns was formulated. Dr. Hoffman said there were many misconceptions and rumors concerning the scope and extent of the landslide, terms such as active and ancient landslide. Gleaning information from the consult- ant, the committee feels that a proper representation is that a portion of the Flying Triangle is an ancient landslide, one of many ancient landslides, both in the City of Rolling Hills and the Palos Verdes Peninsula. The consultant has advised that in his determination the ancient landslide is not moving; what is sliding is approximately a ten acre parcel which is lying on top of the ancient landslide, and the area involves approximately four homes and a portion of Portuguese Bend Road which the inhabitants of the Flying Triangle need for access to their homes. It also appears that the boundaries are becoming fairly well demarcated, Dr. Hoffman said. Residents of the Flying Triangle charged the Committee with covering several areas, including a sewer system. He said the one non -controversial issue;,agreed upon by all consultands, is. that there should be a sewer system within the Flying Triangle, and with the assistance of the City Manager the Committee was able to get information about an engineering firm with a significant amount of ex- perience in sewer systems,.and as a result of meetings and field trips with their representatives, the Committee has a fairly good idea of what may be appropriate for the area. Dr. Hoffman said it appears that a sewer system is something that could be done, should be done; and the people of the Flying Triangle appear to be amenable to a proposition for a sewer district.. Dr. Hoffman said the major thrust of the Committee was the slide and there were two questions that needed to be answered initially; 1) whether the situation was hopeless and futile for those homeowners who are involved in the slide and possibly hopeless and futile for the road which carries Flying Triangle residents to their homes; or is it something which can be controlled or mitigated; 2) if the slide can be controlled or mitigated, what will be the cost; how can the true cost be arrived at. After consultation Dr. Hoffman said the consultant stated that it was his opinion that the slide is control - able. At a meeting with the consultant the Committee saw pictures of -2- 1� 175 May 10, 1982 landslides in other areas, and were informed about methods of control which could bring the slide to a safety factor of 1.0, which basically means that movement has been stopped, realizing that there may be .times when the factor would drop to .99 and there might be minor, but.. _not catastrophic movement as there is -at this time. Another plan was presented for a plan for a complete permanent solid fix to the slide so a building larger than a house could be built on the part.that is moving now, with complete stability. Dr. Hoffman said the consultant outlined the differences between the two types of plans,, and he also said that from his experience the control method would be the most reasonable approach to this particular problem, explaining that this is the way landslides,are�approached in Japan,.,where they arenumerous.° He said the cost of making a permanent .fix and.the disruption to sur- rounding areas are incredible, and would not be particularly feasible. The consultant said a control situation would be feasible. Dr. Hoffman said the consultant retained by the Committee is William Cotton and Associates,a geological firm located in northern California, with extensive landslide experience. He said City and oo County officials with whom the firm has worked have given only good 0 recommendations and. the firm is highly praised. The firm has worked 0 on the Blue Bird Canyon landslide in Southern California, also is currently working in Palos Verdes Estates, and is known to Dr. Ehlig, m the City's consultant.. Dr. Hoffman said Mr. Cotton's plan is very (`n similar to one recommended by Dr. Ehlig, which he then explained in Q lay terms. Dr. Hoffman said there was a meeting on March 29 which was attended by Mr. Cotton,,Dr. Ehlig,.Mr. Keene and Mr.:..Thomas, County Geologists, Dr. Hoffman, a' -County Attorney and the City Mana ger.: ; •The meeting -was held at the County Geologist's office, and Mr.. Cotton presented his plan with conceptual drawings.. After a discus sion of the plan Dr. Ehlig indicated that he endorses the.plan; Mr... Keene stated that although it is different from the plan proposed by the County he thought that it was reasonable. Following the meeting funds which had-been.generated in the Flying Triangle were released to Mr. Cotton and he was authorized to draw up a landslide control plan. Dr. Hoffman said that Mr. Allan Russell, a resident of the Flying Triangle, has been designated by the Committee to handle the financial aspects of the matter, and he asked Mr..: Russell to.address the Council on the financial needs and participation by the residents of the Flying Triangle. Mr.. Russell said there are 36 properties in the Flying Triangle, - including one property which is in an estate, and one which is owned by a foreign bank. So far t.hirty .owners have contributed a total of $183,708, with four additional pledges-totalling.$2,763; approximately $10,500 has been disbursed on contracts, leaving a balance of $8,..200 which the committee hopes will.go up to $10,600 when the pledged funds are added. Originally it was thought the engineering studies would be less costly than they actually are, but the cost has increased due to a delay in making -the decision to proceed.. Mr. Russell.said Mr.._ Cotton will not give the committee an estimate of the cost of control, and will provide an engineering plan which -will then be submitted to A number of firms on a competitive basis:to arrive at the cost of control. Mr. Russell said it is thought that the -cost of the plan will not exceed $26,000.total. Mayor Pernell thanked Dr. Hoffman and Mr. Russell for their pre- sentation, and he said the Council has some.constraints imposed by legal advisors, but he complimented the committee on their awareness of the problem and acceptance of responsibility, and he said the Council would help wherever possible. Specifically, he said the Manager would report later in the meeting on a sewer study, and would make a recommendation with regard to sewers in the Flying Triangle. Councilwoman Swanson asked whether residents outside of the Fly- ing Triangle were approached with regard to a sewer system. Dr.. Hoffman said the Flying Triangle tract extends to Crest Road, and some residents, including one who has contributed funds, live north of the ancient slide area.. He said it is his opinion that those residents would be included in a sewer district. -3- 176 May 10, 1982 Councilwoman Swanson asked.whether the committee would be willing to share some of the information and reports with residents in areas other than the Flying Triangle. Mr. Russell said there appears to be a sentiment shared by residents.on the south side of the City including Southfield residents to participate in a sewer district,assuming the cost will be reasonable, and it.was his opinion that the same may be true of the entire City, if it could be financed and if it could be proven to be functional. Mr.. Russell said a sewer system would be beneficial to property values far in excess of the cost,'amortized over a number'of years, as well as being extremely beneficial to the . geology problems, since ground water is a major problem, and the major source of ground water is effluent from the septic tanks. In answer to the specific question, Mr. Russell said the information would be shared. Mayor Pernell asked whether the committee has a specific request to make of the Council at this time. Dr. Hoffman said the committee is not asking for money. The Mayor said there are definite things which can be done, such as setting up improvement districts, and the information will be made available to the.committee if it is requested.. FLYING TRAINGLE SEWER STUDY 1268 In a memorandum to the Council dated May 7, 1982 the City Manager stated that the recent acceleration of the Flying Triangle slide has resulted in statements from the County geologists and the City's con- sulting geologist that all sources of water should be eliminated from the active slide area. Excerpts from reports prepared by the Geology Section of Los Angeles'County Engineer, and by Dr. Perry Ehlig were attached to the Manager's memo. Mrs. Clifton recommended that the City Council immediately approve an allocation not to exceed $6,000 for a sewer study for the Flying Triangle, and that staff be instruc- ted to prepare the necessary agreements with a consultant for the study. Mrs. Clifton explained that if a low gravity sewer system is installed the existing septic tank and cesspool systems could be in- corporated into the system. Councilwoman Swanson said she has discussed a sewer system for Rolling Hills with Walter Garrison of the County Sanitation District.. Mr. Garrison stated that a gravity sewer system could be installed in the area south of.Crest Road, and depending on the number of homes included, he estimated that the cost would be $15,000 to $25,000 per home for a gravity flow system. Mr. Garrison also advised Council- woman that the Los Angeles County Engineer could do the feasibility study for a sewer system, and the County could be hired to do the study. Councilwoman Swanson said she would be in favor of the allo- cation of funds if the County Engineer was hired to do.the study, and if the boundaries of the study area were defined before entering into an agreement. Mrs. Clifton said a gravity flow system could be installed if enough money was spent for it, and that she.had already. discussed the matter with Mr. Garrison. Further, she said the.County Engineer can do an engineering study, but it was her opinion that a firm which specializes in sewer studies would be preferable. Dr. Hoffman said he has walked over the area with sewer consultants and he felt the consultants from Lowry Associates in San Diego are the most knowledgeable in low pressure sewer.systems, which system is specifically suited for areas such as the Flying Triangle, where the properties are widely separated, where major earth moving should be avoided, and where there will be a down -hill flow, using existing septic tanks and auxilliary pumps. Mayor Pernell said no one on the Council is capable of making the determination about whether the low pressure or gravity system would be preferable, and he said that is why a study should be made by a knowledgeable firm, considering the terrain and other circumstances. Mrs. Clifton said heavy equipment digging large holes in the Flying Triangle area should be avoided. Councilwoman Swanson suggested that the Manager be directed to dis- cuss with the County Engineer a feasibility study of both types of sewer systems, with a request for the Engineer to make a recommend- ation about the area to be studied. The mayor said the consultants should not be limited, and should determine what areas should be in- cluded. Councilwoman Swanson said Mr. Garrison had offered to come to a Council meeting to discuss the matter with the Council, since he is aware of the City's problems. am May 10, 1982 1'7'7 L. D. Courtright, City Treasurer,.asked whether the allocation of funds which has been requested will be made from the current fiscal year's budget, and he asked which fund.it should come from; he said it was his opinion that since the expenditure will not affect the entire City, it should come.from the Fire and Flood Self -Insurance Fund. The Mayor said that determination should be'made by the Treasurer. Councilwoman Swanson moved that the'County Engineer be hired for a sum not to exceed $6,000 to do a feasibility study for a type of sewer system for the entire Flying Triangle area, with the boundaries of the area to be determined by the Engineer. The motion died for lack of a second. Councilwoman Murdock said that proven expertise should be used, and she moved.that a sum not to exceed $6,000 be allocated for a study with the determination made by the City Manager -after consultation with the County Engineer about who should do the study, and with Lowry.and.— Associates, who made the':initial recommendation,with the Manager auth orized,to make the determination about*:Vho:,should do the study. Mayor Pernell seconded the motion. Councilwoman.Swanson asked the City Attor- co ney whether there would be a problem with the sense of the motion in 0 view of the litigation; specifically whether hiring someone other than the County would be a problem for the City._ Mr. Jenkins said it was m his opinion that thei.litigation would not.:require that the City hire only the County;,further he said establishment of a sewer system would be separated from the matters in which the City is in litigation,. and Q as long as -no conflict of interest is presented, such as a consultant doing work for the City and persons who are in litigation with the City, there should not be a problem,. since any plan will have to.be approved by the County Engineer before it can.be installed and implemented. The motion carried on the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES None ABSENT: Councilman Heinsheimer REPORT OF HAZARDS AND ABATEMENT OF PUBLIC NUISANCE, 5 CREST ROAD WEST 1525 Los Angeles County Fire Chief Ray Brunstrom advised the Council that he wished to address the matter of the hazardous conditions which exist on property located at.5 Crest Road West, and he distributed pictures of the property which,were circulated among Council members. Chief Brunstrom said afire prevention inspector,.the local fire cap- tain and a building inspector met on the property within the.past week and have found extreme life and safety hazards on the site including the following items included in a letter dated May 10 from the Fire Department: 1) Hazardous growth of flammable vegetation, 2) Unprotected open wood framework, 3) Dangerous exposed footing with rebar in place and covered with weeds, 4) Inadequate support for temporary beams, 5) Unprotected stairwell to basement, 6) Partially filled swimming pool. It was Chief Brunstrom's recommendation that the City take immediate action. In a letter dated May 7, 1982, William Magill., Senior Building Engineering Inspector listed the following:, 1) Framing is weathered, inoomnlete.and temporary shoring of roof structure may not be adequate if not maintained. 2) Incomplete gunite pool has rainwater standing in it. 3) Open footing trench and poured footings with vertical steel projecting above ground level. 4).Basement.area open to vandals. -5- May 10, 1982 5) Broken glass, lumber and other building materials scattered about premises. 6) Open electrical panel with extension cord tapped in for construction power supply. 7) Exposed floor joists. 8) Slab supporting existing structure has been undermined by vertical cut and erosion. 9) Roof covering not installed. 10) Rough plumbing and electrical not completed. Mrs. Clifton reported that she has made numerous attempts to reach Mr. Kewmars Tabatabay, owner of the property, and has not been able to reach him; a copy of the agenda for the meeting was sent, and in a telephone call to his place of business his staff was advised that the matter would be considered at the meeting. The Manager said the property is in deplorable condition. Mayor Pernell asked the City Attorney what step should be taken next. Mr. Jenkins said the Fire Department and Building Department have certain inherent powers which they can exercise, and he said they.should be consulted about the next step. Chief Brunstrom said there are abatement proceedings available under the Building Code. With regard to the present hazards he said the pool should be emptied immediately, and filled with sand or fenced; open, exposed reinforcing steel should be removed; overgrown weeds and grass should be removed; Chief Brunstrom said the latter could be enforced by the Fire Depart- ment. Mr. Jenkins said that based upon the ten hazardous conditions listed in a letter dated May 7, 1982 from the Department of Building and Safety, the six hazardous conditions listed in a letter dated May 10, 1982 from Los Angeles County Fire Department, the oral testi- mony presented.at the meeting on May 10, .1982,. the pictures of the property which were taken by the Fire Department and presented at the meeting, and based.upon findings regarding contact made by the City Manager with a representative of the owner of the property to advise that the matter would be discussed at the meeting, the City Council could find that a public nuisance exists under Section 8.24.010 of Ordinance No. 190, and order immediate abatement of the conditions which constitute the nuisance., pursuant to Section 8.24.100, Summary Abatement. Councilwoman Leeuwenburgh moved that the Council act in accordance with the recommendations of the City Attorney, with a re- quirement that the owner be required to show progress on a plan for abatement of the hazards within three days,'and must complete the abatement work within seven days. The motion was seconded by Council- woman Swanson and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh,. Murdock, Swanson, Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer Chief Brunstrom said the Building Department does allow an abate- ment procedure by which the structure can be removed from the property and a lien placed on the.property, based.on sufficient findings by the governing body. Councilwoman Swanson said that in view of the fire hazard it was her opinion that electricity to the structure should be turned off.- Mrs. ff: Mrs. Clifton advised the Council that she was advised by the County Health Department that an inspection was made of the guest house on the Tabatabay property, and there are several people, perhaps as many as six persons, occupying the small structure, which has inadequate sanitary facilities, and the cesspool is overflowing. The Manager was authorized to write a letter to the owner and demand that the County Health Department be permitted to enter the premises, that the guest EM 1'7 9. May 103. 1982 house be vacated and the tenants removed within three days, and that the electrical power to the property be turned off. A motion to authorize the Manager to act on the matter of the guest house in ac- cordance with the recommendations of the City Attorney was made by Councilwoman Leeuwenburgh, seconded by Councilwoman Swanson and car- ried by the fdllowing roll call vote:- AYES: oter AYES: Councilmembers Leeuwenburgh, Murdock, Swanson, Mayor Pernell NOES: None ABSENT:. Councilman Heinsheimer PUBLIC UTILITIES HEARING 1720 Mrs. Clifton advised the Council that_a public hearing will be held.by the Public Utilities Commission on the matter.of a request by California Water Service Company for a rate increase,and that the hearing will be conducted.in the Council Chambers of the Rolling-. 00 Hills Administration Building on Monday, May 17, 1982 at 7:00 P.M... O Chief Brunstrom advised the Council that in September 1979 m was -legislationpassed by'.the State Legislature which substantially changed.the.method by which fire hydrants and the availability of co fire.protection water supplies are paid for in the State of California. <. Prior .to adoption of AB1653 fire departments and fire protection agen- cies had to;pay, under law, a monthly charge for hydrant rental; the charges are now paid.by Public Utility Vater companies, ihcluding:.the Palos Verdes division of California Water Service Company, and other public water agencies.formed under public law. After passage of the legislation the Board of Supervisors cancelled the contracts which required that certain-payments.:be':made and Chief Brunstrom said he wished to advise the Council of the.shift from the public sector to the private sector. Mayor Pernell thanked him for the presentation. WEED ABATEMENT. 1760 Mayor Pernell asked Chief Brunstrom to report,on Weed Abatement. Chief Brunstrom said the weed. abatement program started on May 1. Councilwoman Swanson said it would be helpful if matters other than weeds, including trash.and manure in canyons and fire hazards on properties, could be brought to the Council's attention by Fire Department personnel,making inspections. Chief Brunstrom said any hazardous conditions detected by Fire Department personnel are brought to the attention of the City Manager. OPEN AGENDA Mrs. Judie Donner, 10 Saddleback Road, advised the Council that she will no longer be observer for the League of Women Voters because of a conflict with another position which.she has accepted; she said another representative of the League will be asked to attend Council meetings. APPEAL FROM DECISION OF PLANNING COMMISSION, ZONING CASE NO. 212 1794 Mayor Pernell opened a discussion of the procedure to be followed at the hearing of the appeal by Advanced Electronics of the revocation of a Conditional Use Permit issued on July 18, 1978 to Advanced Elec- tronics for an antenna tower and transmitter building.. Mr. Jenkins said a number of questions have been raised in con- nection with consideration of the appeal, and he said he addressed some of those questions in -a letter to the Council which was provided at the last meeting. Mr. Jenkins said there was a question about the timeliness of the timing and appropriateness of the appeal,.and it was his finding that the appeal was properly filed within the required time period as stated in the Zoning Ordinance, and that the appellant is a proper appellant to make the appeal, -7- E May 10, 1982 Mr. Jenkins said the Zoning Ordinance provides that the Council will hear the appeal on the record which was prepared for the Planning Commission; the Zoning Ordinance also contains a provision for hearing the appeal entirely de novo, in which case all new evidence will be considered. He said it would be appropriate in terms of scheduling arguments and to give the parties to the appeal an opportunity to know how to approach the hearing for the Council to determine at this time how the appeal will be heard; he said this would not be an irre- versible decision, and the Council could at some point during the pro- cedure determine that there is insufficient evidence, they could decide to hear all or any portion of the matter de novo, and take evidence regarding any specific matter. Mr. Jenkins said it would be appropriate to initially hear the appeal de novo, giving the parties an opportunity to prepare for it, and establish a procedure for the hearing. Mr. Jenkins said it would be appropriate for the Council to decide by a motion whether to hear the matter on the record prepared before the Planning Commission, or de novo. In response to a question from the Mayor, Mr. Jenkins said there is no indication that the appellant feels that evidence was not presented to the Commission which should have been presented. Mr. Morley Mendelson, attorney for Robert Mohr, confirmed that he agrees with the.statement made by Mr. Jenkins. Councilwoman Swanson moved that the City Council set a date for a hearing of the appeal, based on the record of the Planning Commis- sion meetings and the findings of the Planning Commission, the meeting to be held at the second Council meeting in June, if that is agreeable to all parties. Mrs. Beth King said she would not be able to attend at that time, and her counsel would not be able to meet on that date. In discussing the matter it was determined that all parties would be available on June 141, and the hearing was set for that date... The motion was seconded by Councilwoman.Murdock, and carried by the fol- lowing roll call vote: AYES: Councilmembers Leeuwenburgh; Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer The City Attorney said that since the determination about how the hearing will be initiated has been made by the Council, each of the members of the Council should review the record in its entirety. Since no new evidence will be taken, unless it is determined at a later date to do so, Mr. Jenkins said it would be reasonable to allow some argument by the parties on the basis of the record, and he sugges- ted that a maximum length of argument and date for submittal to the City and to the appellant be established, and then to provide a similar opportunity for the appellant to provide a.rebuttal. It was Mr. Jenkins suggestion that a written argument by the respondent, not to exceed 20 pages in length, be submitted to the City and to the appellant not later than May 24, and that a rebuttal not to exceed 10 pages in length be submitted by the appellant to the City and to the respondent not later than June 1. Mr. Mendelson stated for the record that he has.no objection to the requirement. Mr. Jenkins said it is entirely up.to the Council to decide whether to hear oral arguments, and if there is a decision to hear such arguments, it.was his recommendation that the . parties be limited to presentation of factual matters, with the parties limited to 15 minutes, and that the appellant be given an additional 7 1/2 minutes for rebuttal. Further, he recommended that the parties be required to unite their records, and that there be only one present- ation permitted for each side. Finally, Mr. Jenkins recommended that the -Council attempt to reach a decision within -one month after opening of the hearing; he said the hearing can be continued if desired. Mr.. Jenkins said the procedures adopted by the Council, including dates and time limits, be put in a letter to all parties to the hearing. Mr. Jenkins said questions have arisen about participation by two new members of the Council. It was his recommendation that Coun- cilwoman Jody Murdock, who was Chairman of the Planning Commission when the matter was heard and participated in the decision, not parti- cipate in the hearing before the Council. Mayor Pernell asked whether the vote will require a majority of the Council, or the majority. of ffm 181 May 101, 1982 the quorum of the Council hearing the appeal, explaining that it was his opinion that three votes should be required for a decision. Mr. Jenkins said he will research the matter and advise the Council. Councilwoman Murdock asked whether.she could participate -in_ -the discussion if the hearing were changed to a de novo hearing in order to hear testimony not previously presented. Mr. Jenkins said it was' his opinion that having decided not, to participate, there should be no participation at all,, unless the matter is completely opendd up for'entirely new evidence, at which time Councilman Murdock would be able to participate if she was able to say that she could review the evidence which came before the Council in a completely unbiased fashion without regard to what went.before. If the matter Was.;being-heard . completely de novo it'would be less likely that there would be a prob- lem of disqualification because of conflict of interest, although there would be.a potential.:conflict of interest.which would have to be cleared up by Councilwoman Murdock before the hearing, since she heard the matter before. 0 Mr. Morley Mendelson said that in the interest of his client, OMr. Robert Mohr, getting a fair hearing, he noted that in reviewing - the file, Exhibit "M", submitted to the Planning Commission on Janu- T'I ary 19, 1982, a petition to have the antenna removed, was signed by m Virginia A.. Leeuwenburgh, 12 Eastfield Drive on December..18, 1980. m Since Mrs. Leeuwenburgh has since then been elected to the City Council a Mr. Mendelson said he is concerned about a built. in bias in the matter.. Mr. Jenkins said that.in light of that disclosure he wished to question Councilwoman Leeuwenburgh. Mr. Mendelson said he wished to state for the record that he would object to Mrs.. Leeuwenburgh hearing -the matter as a member.of the Council because of her views as set forth in.the petition submitted to the Planning Commission. Mr. Jenkins said Councilwoman Leeuwenburg's position is different from Councilwoman Murdock's, since as Chairman of the Planning Commis- sion Mrs. Murdock sat in the hearing; as a private citizen'and.`resident of the City Mrs. Leeuwenburgh may have heard about the matter and signed a petition, which does not require a disqualification. Mr. Jenkins then asked Councilwoman Leeuwenburgh.a number of questions to determine her attitudes in an effort to determine whether she should be disqualified.. After questionning Co.uncilwoman.,Leeuwenburgh Mr. Jenkins said it was -his opinion that Councilwoman Leeuwenburgh should not be disqualified with regard to participating in the hearing of the appeal. Mrs. Beth King said she wished to state for the record that Mrs. Leeuwenburgh.signed the petition because she asked her to sign it; she did not ask other members of -the Council to sign the petition. Mrs. King said she does not feel that she will get an impartial hearing because of a statement made by. Mayor Pernell.at a previous Council meeting; and.because of the attitude shown by Councilman Heinsheimer. when a request was made for an "as built" permit for the antenna. Mr. Mendelson said he wished to restate for the record.his objection thatthe language and purpose of the petition submitted indicates moti- vation, and that Councilwoman Leeuwenburgh is predisposed. Mayor Pernell thereafter ordered -the matter held on.the agenda. ABATEMENT OF PUBLIC NUISANCE, SEEPAGE PIT, JAMES EVANS 2105 The Manager reported.that as directed by the Council at the last meeting, she wrote to Mr. and .Mrs. James Evans, 62 Portuguese Bend Rd. and advised them that'.at 'a public hearing on April 26, 1982 the City Council voted.to declare the cesspool on their property a.public nuisance and required that it be abated by May 10, 1982. Mrs. Clifton said she advised Mr. and Mrs. Evans that it would be necessary for them to place the disposal for the effluent, from their property above ground, or that they have the cesspool open for inspection by repre- sentatives of the City to determine whether it was in fact fractured and allowing seepage of effluent into the ground.and to the slide plane. Mrs.. Clifton said the cesspool was opened and was inspected by Dr. Ehlig, who came to the City Hall to report that the lines had fractured and there was nothing in the bottom of the cesspool, and that.the septic -9- G May 10, 1982 tank should also be opened for inspection. Mrs. Clifton said arrange- ments are now being made for opening of the septic tank, in an effort to determine whether there is a break in the line between the house and the septic tank. ABATEMENT OF PUBLIC NUISANCE, SEEPAGE PIT, ANTON WEBER 2127 Mrs. Clifton reported that a similar letter was sent to Anton Weber, 53 Portuguese Bend Road, and in a letter dated May 7, 1982 Mr. Weber advised that an above ground facility was to be installed to collect all effluent from his home, and the drain pipes connected to the present septic tank and cesspools will be disconnected. Mr. Weber advised that the installation would be made by Vince's Plumbing., the firm that did the work on the Wagner property at 54 Portuguese. - Bend Road, and the contract states that work is to commence on May 17 and be completed on or before May.28, 1982. Mrs.. Clifton said she suggested to Mr. Weber and.to Mr. and Mrs. Evans that the above -ground installation be of a type which can be used with a sewer system if one is installed. Mrs. Clifton said she is confident that the nuisance will be abated in both instances, and that the fabrication takes about two weeks, so it may take a few weeks. more. She said the plumber will work with the County Engineer and it is her opinion that no further action with regard to abatement will have to be taken by the Council. Mayor Pernell ordered the matter held for a progress report at the next meeting. CLAIM AGAINST PUBLIC ENTITY 2169 A claim filed by John B. Barrett and Cecilia Barrett against the City of Rolling Hills was rejected on the advice of Counsel. LA CRESTA SCHOOL SITE 2202 A letter dated April 29, 1982 from City Attorney Patrick Coughlan was presented to the Council, advising the Council of the various alternatives available to the City with regard to the school site which is proposed to be vacated. Councilwoman Murdock said that since the school district property. is not part of the Rolling Hills Community Association, and is not subject to the Association's restrictions and regulations, it was her suggestion that the entire development be put under Conditional Use Permit requirements to ensure that the City would have an opportunity: to review any proposals for conformance with development in other parts of the City and to give the Planning Commission an opportunity to review any applications for use of the property. The City Attorney said an amendment to the Zoning Ordinance would be required in order to impose requirements for a Conditional Use Permit for the property. Councilwoman Murdock moved that the City Attorney be directed to prepare the appropriate amendment to the Zoning Ordinance. The motion was seconded by Councilwoman Leeu- wenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer LEASE BETWEEN CITY OF ROLLING HILLS AND COM14UNITY ASSOCIATION 2250 Mr. Jenkins reported that the lease has been sent to Mr. Kinley, Association Counsel, for review. MR. JENKINS WAS EXCUSED FROM THE MEETING AT 10:20 P.M. The Manager reported that in preparing the new budget line items for each facility such as the City Hall, Maintenance Building, etc., in accordance with instructions of the last City Council; there will be -1.0- 183 May 10, 1982 one line item for the lease of properties by the Community Association. Mayor Pernell explained that the reason for that was the Council wished to lease all four facilities to the Association, with no opportunity to cancel any part of the lease. Mrs. Clifton_ said the lease figure for the current year does not reflect that the City owns all of the equip- ment) and that a new typewriter was.purchased for an employee of the Association, and that a new -typewriter is being purchased for the book- keeper, who works for both the City and the Association. Other improve- ments such as new carpeting and draperies and new automatic garage door openers were installed, and the Manager said these improvements should be reflected in the lease figures for the coming year.. The City Treasurer said the amount of the lease to the Association for the last fiscal year was agreed upon at a price which was less than the appraised price., and the City agreed that it was a fair price which would be increased by cost of living indexes.�published by the State of California each year. Mr.. Courtright said the lease states .that all . capital improvements will be made by the City, but. as Mrs. Clifton has stated it may be.adviseable to review certain capital improvements with 00 regard to significant improvements.. Mr. Courtright suggested that:two agreements be drawn; one covering the basic:'lease and providing that': 0 capital improvements or major replacements would be negotiated between the City and the Association; the other agreement,less formal than the m lease, could identify the responsibility between the City and Association for office furniture and fixtures.,. office equipment, supplies,. paving co parking lots, and other items not now covered. Mr. Courtright sai.d.the Q sharing.of expenses may notbe different, but they should be set forth for the guidance of the new City Manager. Mr. Courtright said the present lease provides that either party may terminate the lease by giving written notice to the other on or .before the first day.of.June.,prior'to the end of the then -existing term. Mr. Courtright recommended that termination notice be made six months, instead of June 12 which could give the City as little as one month's notice, since the effective date of the lease is June 30. The City Manager said she agreed with the recommendation. CITY COUNCIL COMMITTEE ASSIGNMENTS 2366 Mayor Pernell reported.that Councilmembers-Heinsheimer and -Murdock had returned the list of committee assignments indicating the areas in which they were interested in serving. Councilwoman Swanson said she had a report -prepared which enlarges and explains the responsibilities of the different committees, and she asked that assignments to La Cresta School and to the Senior Advocacy be added to the list. RESIGNATION FROM PLANNING. COMMISSION 2383 Mayor'.Pernell said that for the record he wished to accept the resignation of Jody Murdock as Chairman of the Planning Commission, and congratulate her on her recent election to the City Council. The Mayor said that at a closed session of the Council following the last meeting.Councilwoman Murdock was appointed an alternate member of the Board of bisectors of the Sanitation District to act in the place of the Mayor during his absence from the meetings of said Board..' Confirm- ation of the appointment by resolution was required. RESOLUTION NO. 490 Councilwoman Leeuwenburgh moved that.Resolution No. 490 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINT- ING AN ALTERNATE MEMBER OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY 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 Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer -11- We May 10, 1982 REQUEST FOR TIME EXTENSION, TRACT 27006, DR. MAX NEGRI 2385 In a letter. dated May 3, 1982 Douglas McHattie, South Bay Engineering Corporation, requested a six month time extension to file the Final Map of -Tract 27006, to meet the requirements of the County agencies. The request was approved in a motion made by Councilwoman Murdock, seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson Mayor Pernell NOES: None ABSENT: Councilman Heinsheimer PLANNING COMMISSION ACTION, APRIL 27, 1982 2395 The Council was advised that on April 27,.1982 the Planning Commission approved the following requests: ZONING CASE NO. 271, MR. AND MRS. MONTY ORMSBY, 2 EUCALYPTUS LANE Variances for relocation of driveway and construction of retain- ing wall ZONING CASE NO. 261, ARTHUR HALE, 32 PORTUGUESE BEND ROAD Conditional Use Permit for construction of a tennis court ZONING .CASE NO. 273, DR. GUY LEMIRE, 40 CHUCKWAGON ROAD Variances for construction of residence addition in side yard The information was received and noted. LIABILITY INSURANCE .I% The 'Manager reported that the matter 6 f Liabil}ty'.Insur-ance is still pending. DISASTER EXERCISE 2410 The Manager reported that the Sheriff's Department will hold a Disaster Exercise on Thursday, May 27 and Councilwoman Leeuwenburgh is working with Mrs. Mary Lou Crocker, Women's Club representative, to develop a scenario for participation by the City of Rolling Hills. PREPARATION OF BUDGET 2435 The Manager said she is working on the Budget for Fiscal 1982-3 and will have it ready in preliminary form for review -in a few weeks. The City Treasurer asked -that a Finance Officer be appointed to meet with him on the budget. Mayor Pernell appointed Councilwoman Swanson Finance Officer for the Council. COUNCIL ASSIGNMENTS 2486 Councilwoman Swanson said she wished to state for the record that although she indicated her choices for Committee assignments, she would be willing to have them changed if any other member of the Council sta- ted a wish to serve; also she said she has been serving as Chairman of. the Traffic Commission but would recommend that another member of the Council be appoirnted to-the.Traffic Commission. Councilwoman Leeuwenburgh was appointed City Council represent- ative to work on the City's 25th Anniversary Celebration on July 4. -12- I . I . - _ +itA •.�: �,i:' :a,.: .,;j.e'6..v 'yam :i*.y :ti,.., .:. - ':r. ::. .. '2.; "N' :. k'Vs.F'Sc: .Y.'ti:•w :t,iY is f:?.. - '-.i. ,,. Y",4`- a l-. 5 185 May 10, 1982 RAPID TRANSIT DISTRICT BOARD OF DIRECTORS 6/2 Councilwoman Swanson advised the Council that she is going to run for re-election to the Board of Directors of the Rapid Transit District on June 3, and she asked that the Council support her in her effort. Members of the Council agreed to support Councilwoman Swanson by. resolution of the Council. RESOLUTION NO. 491 Councilwoman Murdock moved that. Resolution No. 491 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS URGING REELECTION OF GORDANA SWANSON TO THE BOARD OF DIRECTORS OF THE RAPID TRANSIT DISTRICT be adopted,and that reading in full be waived. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: AYES: Councilmembers Leeuwenburgh, Murdock, Swanson 00Mayor Pernell O ri NOES: None m m ABSENT: Councilman Heinsheimer Q'.COUNCILWOMAN SWANSON WAS EXCUSED FROM -THE MEETING AT 10:45 P.M. APPOINTMENT TO LA`CRESTA SCHOOL SITE COMMITTEE 145 Mayor Pernell appointed Councilwoman Murdock to represent the City Council on the Committee to study use of the La Cresta School site, and he said he would ask former City Councilman Don Crocker to continue to serve on the committee. ADJOURNMENT 159. The meeting was adjourned at 11:05 P.M. APPROVED: Mayor -13- City Clerk