6/13/1983396 MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
June 13, 1983
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 Murdock at 7:30 P.M. Monday,
June 13, 1983.
ROLL CALL
PRESENT: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock
ABSENT: Councilman Heinsheimer (arrived at 7:40 P.M.)
Councilman Pernell (arrived at 8:05 P.M.)
ALSO PRESENT: Ronald L. Smith
Michael Jenkins
Dr. & Mrs. R. Hoffman
Mrs. S. Ikezawa
Mr. & Mrs. C. Fischer
T. Wachtell
APPROVAL OF MINUTES
The minutes of the meetings on May 3 and May 15, 1983 were approved
and accepted as presented on a motion made by Councilwoman Swanson,
seconded by Councilwoman Leeuwenburgh and carried by the following
roll call vote:
AYES: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock
NOES: None
ABSENT: Councilmen Heinsheimer, Pernell
Councilwoman Swanson said that the minutes of the meeting on
May 23, 1983 did not adequately address requirements for drainage on
the La Caze property, Parcel Map No. 14467, and she requested that
the minutes reflect her request that requirements for drainage be
incorporated in the approval of the map, and that the subdivider's
engineer be informed of the requirement that drainage improvements
for the property are to be installed at the time the site is graded.
Councilwoman Swanson moved that the minutes be approved as corrected.
The motion was seconded by Councilwoman Leeuwenburgh and carried by
the following roll call vote:
. AYES: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock
NOES: None
ABSENT: Councilmen Heinsheimer, Pernell
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 11152 and 11153, and
11155 through 11185 in the amount of $23,865.99 be approved for payment
from the General Fund; that Demand No. 11157 in the amount of $2,584.68
be approved for payment from the Fire and Flood Self -Insurance Fund, an
that Demand No. 11154 be voided. The motion was seconded by Council-
woman Leeuwenburgh and carried by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Swanson, Mayor Murdock
NOES: None
ABSENT: Councilmen Heinsheimer, Pernell
COUNCILMAN HEINSHEIMER ARRIVED AT THE MEETING AT 7:40 P.M.
June 13, 1983
RESOLUTION NO. 510
397
The City Manager presented Resolution No. 510 entitled A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING WITH
CONDITIONS TENTATIVE TRACT 35516, and he explained that the resolution
contains findings of the City Council with regard to Tentative Map No.
35516 filed by Dr. and Mrs. J. Ralph Black, and Exhibit "A" attached
to the resolution defines the conditions attached as part of the City
Council's approval of the tentative map on May 23, 1983. Resolution
No. 510 was adopted on a motion made by Councilwoman Swanson, seconded
by Councilwoman Leeuwenburgh and carried by the following roll call vote:
AYES: Councilmembers.Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
RESOLUTION NO. 511
The City Manager presented Resolution No. 511 entitled A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING
WITH CONDITIONS TENTATIVE PARCEL MAP NO. 14467. The Manager noted
00 that the resolution.contains findings of the City Council with regard
0 to Tentative Parcel'Map No. 14467 filed for the La Caze division of
r-1 property, and in addition to the conditions attached as part of the
Co Council's approval on May 23, 1983, Condition No. 33: "All drainage
Co improvements for the property are to be installed at the time of site
grading" has been added to the conditions in Exhibit "A", an attach-
ment to Resolution No. 511, to address concerns about drainage ex-
pressed by Councilwoman Swanson when the tentative map was approved.
Resolution No. 511 was adopted on a motion made by Councilwoman Swan --
son, seconded by Councilwoman Leeuwenburgh and carried by the following
roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
SEWER STUDY COMMITTEE
The Manager presented the results of a survey of 84 property
owners in an area being considered as a possible sewer district as
follows: 34 responses were received, with 10 property owners express-
ing opposition to the proposal, 23 expressing support, and 1 resident
making comment, with no indication of opposition or approval. Mr.
Smith said there was a.39.28% return rate, which was not as good as
anticipated; however, of the 10 residents who indicated opposition, 6
are within the. Southfield area, indicating that most of the opposition
would come from Southfield residents. Of the residents who expressed
support of the proposal, 9 residents asked that their approval be con-
ditioned upon action directed towards also abating the slide. The
Manager said the responses are available for review.
The City Manager reported that the agreement with Merrill Lynch
which was prepared by the City Attorney has been supplied to members
of the Council. Councilman Heinsheimer said he feels the government-
al operation is expanding to include the geological hazard abatement
in addition to consideration of sewers, which was the original intent
of the Council, and he said he wished to ensure that the City can turn
the matter over to another party, and also to ensure that the items in
the study would be done in the proper sequence.
COUNCILMAN PERNELL ARRIVED AT THE MEETING AT 8:05 P.M.
Councilwoman Swanson, Chairwoman of the Sewer Study Committee,
said the Committee had determined that it would be appropriate to
study both aspects, since there is a consensus that lack of sewers
affects the slide; she said the Council is not committed, and is
still considering the recommendations of the Sewer Study Committee.
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June 13, 1983
The Manager said the Request for Proposal which was approved by
the City Council and sent to 11 financial institutions included a
request for proposals for financing a geological hazard abatement as
well as a sewer district, and both are included in the Merrill Lynch
proposal; however, the City Council is not mandated to approve the
geological portion as part of the agreement. Dr. Richard Hoffman,
73 Portuguese Bend Road, said it is necessary to.have financial in-
formation on both installation of sewers and abatement of the geolog-
ical hazard, stating that the boundaries of the districts could be
modified as necessary. Mayor Murdock said it was her understanding
that there would be a study of two separate districts, since some of
the properties which might be included in a sewer district would not
necessarily be in a geological abatement district.
Following the discussion Mayor Murdock asked that members of the
Council submit comments and questions about the proposal and agreement
in writing to staff for compilation and further discussion at the next
meeting.
OPEN AGENDA
Mayor Murdock opened the meeting to discussion from the floor.
Dr. Richard Hoffman stated that he was present to represent more than
30 residents of the Flying Triangle area who want action regarding
the safety of Portuguese Bend Road. Dr. Hoffman said there has been
one accident and more could occur, and he stated that he is pleading
with the City Council to do something about the safety of the road;
he asked that this be made part of the record and reported in the
minutes.
Mr. Tom Wachtell, 35 Crest Road East, said'he wished clarifi-
cation of the City's contract with Merrill Lynch. Mayor Murdock
explained that Merrill Lynch was selected after a statewide solici-
tation for proposals, and the City is not committed to anything
under the contract which is being reviewed by -the City Council. With
regard to the questionnaire, Mr. Wachtell said it did not ask the
right questions, and it was his opinion that the wording in the
questionnaire limited the response, since it asked whether or not
residents approved a study, without giving information about what it
might cost or entail. Mr. Vl chtell. said that prior to purchasing his
property and building his home he and his wife looked at several lots
and had geological reports reviewed by geologists who advised against
purchase of land for building in the Flying Triangle, stating that the
name of the area is descriptive. of the property in the area. Although
his property is not in the Flying Triangle, Mr. Wachtell said he is
now being asked to participate in a sewer system which will distribute
the costs among residents who live outside of the Flying Triangle:
Dr. Hoffman said he wished to respond to Mr. Wachtell, stating
that the opportunity to do so was long overdue following similar state-
ments at a community meeting a few years ago. Dr. Hoffman said there
are over forty active landslides in Rolling Hills, and the name Flying
Triangle has no significance with regard to land stability. Further,
he said the people who bought property in the Flying Triangle between
1970 and 1980 did so with the understanding that the land had a stabil-
ity factor of 1.5 and could be built on, according to a report which
was approved by the County Engineer. Dr. Hoffman said that one of the
contributing factors to the landslide, in his opinion, is diversion of
water from Crest Road into the Flying Triangle. Mr. Wachtell stated
that no berms have been constructed on his property, and the water
follows the natural course it has followed through the years.
Councilman Heinsheimer asked whether a geological abatement dis-
trict could enter into an agreement with the Rolling Hills Community
Association with regard to improvement of the roads as part of the
abatement, and whether a geological abatement district could require
sewers as part of the abatement. The City Attorney explained that the
City can create a sewer assessment district for the purpose of finan-
cing sewer improvements, and the City would be the political entity
responsible for creating the benefit district. He said further the
City can also, through petition of property owners or initiation by
the City Council, establish a geological hazard abatement district
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June 13; 1983 399
which would be a separate political -entity which could include sewers
as part of the correction of the landslide without the necessity of a
sewer assessment dist-..i•ct unless certain sewers were recommended out-
side of the geological hazard boundaries. With regard to road improve-
ments, Mr. Jenkins said any repairs in connection with abatement of the
slide would be between the abatement district and the Community Associ-
ation, and ultimately financing would be handled between the assessment
district and Merrill Lynch, and not with the City. Mrs. Bea Fischer,
1'Southfield Drive, said some owners of property on Southfield Drive
have stated that they would not pay, even if they are included in an
assessment district, and she asked who would guarantee the bonds. The
City Manager explained that the bonds are guaranteed by the district,
not by the City, and failure of a resident to pay could result in the
placement of a lien upon the property.
Dr. Hoffman said the main concerns relative to Portuguese Bend
Road are possible injury and lack of safety because of narrowness of
the road, and he urged that steps be taken to restore the road to a
two lane safe road. Mrs. Sherri Ikezawa, 10 Packsaddle Road West,
asked for clarification about whether the Council is considering a
00 sewer district or a landslide abatement district, and which of the
O districts Merrill Lynch has been retained to finance. Mrs. Ikezawa
was advised that no decision has been made and the Council is attempt-
ing to obtain as much information as possible. The Mayor explained
m that the Council is in the process of determining feasibility and
m financing, but no decision has been made with regard to what districts
Q should be formed, and no boundaries have been established.
In response to Dr. Hoffman's comments about the road, Councilman
Heinsheimer read into the record a sentence from a letter from the Los
Angeles County Road Department dated June 9, 1983 which stated that
anyone who drives with due care can safely drive Portuguese Bend.Road
south of Ranchero Road, and he said it is important that everyone under-
stand that the City depends on the opinion of the Road Department that
the road is safe, and that once the issue of road safety is determined
use of City funds..for repair or maintenance of roads could challenge
the private status of the roads in Rolling Hills, since maintenance and
repair of roads is under the jurisdiciton of the Rolling Hills Community
Association. Councilman Heinsheimer said this is not a matter of con-
venience, but is a basic policy of the City and the desire of the
Community Association in maintaining the private status of the roads.
Dr. Hoffman asked if that statement is correct, and the City Attorney
said Councilman Heinsheimer's statement is absolutely correct. Mrs.
Carold Hoffman said it has been her understanding that the City has
responsibility for the safety of the road, and she said the opinion
expressed by Mr. Tidemanson of the County Road Department was made
on June 7, and is not based on day to day observation of the status
of the road. The City Attorney explained that the items under the
jurisdiction of the City include law enforcement, police protection,
violations of the Motor Vehicle Code, and that maintenance of.the
roads is not under the City's jurisdiction and no public funds are
used on the roads. Mr. Jenkins said all money spent on maintenance
of the roads andrepair of roads comes from Rolling Hills Community
Association funds. If the road needs to be closed because of a law
enforcement problem Mr. Jenkins said the City would have the juris-
diction to do so. In response .to a question from Mr. Wachtell, the
City Attorney 'said -that if Portuguese Bend Road were rebuilt it would
be the Association's responsibility to rebuild it.
LETTER --FROM CHIEF BRUNSTROM RE: STANDARDS FOR BRUSH CLEARANCE
In a letter dated June 7, 1983 Fire Chief Ray Brunstrom outlined
standards agreed to by the County Fire Department and based on a
technical report by Stanford Research Institute for brush clearance
in the City of Rolling Hills, and he recommended that since residents
have accepted standards which exceed those in other areas, they be
continued.
ORDINANCE NO. 200
Councilman Pernell moved that Ordinance No. 200 entitled AN
ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE FIRE CODE SECTION
27.301 AND SETTING STANDARDS FOR FIRE BREAK FROM HOMES OF 30 FEET
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June 13, 1983
AND ADDITIONAL FIRE PROTECTION LANE OF 100 FEET, WITH VEGETATION HEIGHT
TO BE SIX (6") INCHES IN THE FIRE PROTECTION LANE 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 Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
RESOLUTION NO. 512
The City Manager presented a resolution which sets forth the
findings of the City Council with respect to local conditions which
make modifications to the County and Fire Codes reasonably necessary.
Councilwoman Leeuwenburgh moved that Resolution No. 512 entitled
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SETTING
FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF
ROLLING HILLS WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE
1981 LOS ANGELES COUNTY BUILDING AND FIRE CODES (1979 UBC; 1976 UFC)
REASONABLY NECESSARY AS ESTABLISHED IN ORDINANCES NO. 199 AND 200
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, Leeuwenburgh, Pernell,, Swanson
Mayor Murdock
NOES: None
ABSENT: None
MATTERS FROM THE CITY ATTORNEY
The City Attorney reported that a suit has been served on the
City by Sonya and James Evans.
MATTERS FROM THE CITY COUNCIL
BUDGET LETTER TO COMMUNITY
The Mayor reported that a letter will be sent to .residents -ad-
vising of'a public hearing on the Budget at the June 27, 1983 meeting
and outlining the new schedule for the City Manager, who will assume
a part time schedule effective July 1, 1983.
TRANSPORTATION COMMITTEE PROPOSAL
Mayor Murdock said she will attend a meeting of the Committee of
Mayors on Wednesday, June 15, 1983 and matter of transportation on the
Peninsula will be discussed. The Mayor invited input from the Council.
LEGISLATION RE: LOCATION OF LANDFILLS AND TRANSFER STATIONS
Mayor Murdock reported that the Council has been asked to take a
position on Senate Bill 965 which requires that landfills and transfer
stations be located more than one mile from residential areas. The
Council concurred that it would be proper for the Mayor to discuss
the matter and take appropriate action through membership on the Board
of Directors of the County Sanitation District.
JUVENILE DIVERSION POLICY BOARD MEETING
Councilwoman Swanson asked whether
recent meeting of the Juvenile Diversion
sence from the City. Mayor Murdock said
able to attend the meeting.
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the City. -was,.... -represented at a
Policy Board during her ab -
no member of the Council was
June 13, 1983
LETTER TO DR. AND MRS. LARRY KELLY
401
Councilman Pernell asked whether there was any response from
Dr. and Mrs. Larry Kelly, 2 Pinto Road, to a letter from the County
Engineer advising that a portion of their residence is.unsafe. The
City Manager said Dr. Kelly had called and advised that his insurance
company would make an inspection. A follow-up certified letter was
sent to Dr. Kelly and no response has been received.
DEMAND PAYABLE TO J. KELLY
Councilwoman Swanson said she noted that there was a demand for
salary for Jacqueline Kelly, an'employee of the Rolling Hills Com-
munity Association. The Manager explained that Mrs. Kelly has been
working for the City as a temporary employee during the vacation of
the Deputy City Clerk. Councilman Pernell suggested that in the
future such payment be shown as a reimbursement to the Community
Association rather than a City salary item.
00 SUBDIVISION AGREEMENT
O The City Manager presented the new Subdivision Agreement which
was prepared by the City Attorney and will be executed by future
m subdividers of land in the City. Mr. Smith said it provides for an
Co inflationary adjustment each year, or at the discretion of the City
Q Manager, and will provide better control of cost figures for improve-
ments which are not done immediately.
STREET STRIPING, MIDDLERIDGE LANE NORTH AND CITYWIDE
The Manager reported that he does not normally request expendi-
ture of funds prior to adoption of the operating budget, but he wished
to request approval of a contract for roadway striping on Middleridge
Lane North to be done in conjunction with paving being done on that
road. Mr. Smith said some funds are available, and unless there is a
major objection from the Council he wished to proceed with the contract
for striping city-wide; he was authorized to proceed immediately.
RECESS
The meeting was recessed at 9:50 P.M. to a closed session to
discuss potential litigation.
MEETING RECONVENED
Mayor Murdock reconvened the meeting and announced that litigation
and potential litigation regarding the landslide was discussed, and no
decisions were made. The City Manager was requested to prepare a reso-
lution of intent to establish a Geological Hazard Abatement District in
the Flying Triangle area to be placed on the agenda for the meeting of
July 11, 1983.
ADJOURNMENT
Mayor Murdock adjourned the meeting at 11:50 P.M. to Monday,
July 11, 1983 at 7:30 P.M.
City Clerk.
APPROVED:
I.