12/12/1983410 MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
December 12, 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,
December 12, 1983.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Heinsheimer, Leeuwenburgh, Pernell,
Swanson, Mayor Murdock
None
Ronald L. Smith
Michael Jenkins
June Cunningham
Richard Esposito
Mr. & Mrs. H. Agid
Mrs. K. Andrews
Dr. & Mrs. D. Borden
Dr. D. Bray
Mr. & Mrs. L. Courtright
Mrs. V. Doak
Dr. & Mrs. R. Hoffman
Mr. & Mrs. P. Mitchell
Miss G. Nixon
Mr. & Mrs. G. Partridge
Dr. & Mrs. J. Po
Mrs. E. Pedersen
Mrs. B. Raine
Miss B. Raine
Mr. & Mrs. A. Russell
Mr. & Mrs. J. Tielens
Mrs. M. Wagner
City Manager
City Attorney
Deputy City Clerk
Palos Verdes News
Residents
The minutes of the meeting on November 28; 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 Heinsheimer., Leeuwenburgh, Pernell,
Swanson, Mayor Murdock
NOES: None
ABSENT: None
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 11454, 11456 through
11489 in the amount of $23,144.57 be approved for payment from.the
General Fund, and that Demands No. 11455 and 11456 in.the amount of
$1,055.10 be approved for payment from the Fire and Flood Self Insurance
Fund'and'that Demand No. 11483 be voided. The motion was seconded by
Councilman Pernell and carried by the following.ro.11 call vote:
.AYES: Councilmembers Heinsheimer, Leeuwenburgh,`,Pernell,
Swanson, Mayor Murdock
NOES: None
ABSENT: None
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December 12, 1983
PRESENTATION OF PLAQUE TO L. D. COURTRIGHT, FORMER CITY TREASURER 69
On behalf of the City Council Mayor Murdock thanked Mr. L. D.
Courtright for his service to the City and community as City Treasurer
from August 9, 1976 until his resignation, which became effective on
October 1, 1983 because of personal commitments. The Mayor said Mr.
Courtright has indicated his willingness to be available until a new
City Treasurer has been appointed. A plaque, appropriately engraved,
was presented to Mr. Courtright, and the Mayor recessed the meeting
for a brief period so residents and members of the Council could add
their good wishes to Mr. Courtright personally.
DISCUSSION RE: INSTALLING AND REMOVING STRUCTURES WITHIN THE CITY 112
The Manager reported that in response to a request by a member of
the City Council relative to the authority over installing and removing
structures in the City, and when a bond or cash deposit should be re-
quired, the Building Code, Title 15 of the Municipal Code establishes
criteria and sets forth specific standards for construction and demo-
lition, as well as safety. With regard to bonding, Mr. Smith said a
bond or cash deposit can be required as a condition of granting a
permit for construction, but is not appropriate in the removal of!a
structure, which can be enforced by legal means.
REVIEW OF PLANNING COMMISSION ACTION 149
The City Manager reported that at a special meeting on Friday, -
December 2, 1983 the Planning Commission approved a front yard variance..
for encroachment of a residential addition at 16 Eastfield Drive known
as Zoning Case No. 290, Dr. and Mrs. Arthur.Diamond. No action was
taken by the Council and the information was received for the file.' -
PROPOSED URGENCY ORDINANCE RE: -SALES AND USE TAXES 162
The City Manager presented a proposed ordinance relating to sales
and use taxes, explaining that at the request of the State Board of
Equalization the ordinance would bring the Municipal Code into agree -
went with the Revenue and Taxation Code of the State, but in no way
would change the taxing process by raising or lowering taxes, but_,
would assure that the City continues to received an apportionment
of sales tax revenue.
URGENCY ORDINANCE NO. U-46
Councilwoman Swanson moved that Ordinance No. U-46 entitled
AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING TO SALES AND USE
TAXES, AMENDING THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE
URGENCY THEREOF be adopted. 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
ERRONEOUS FILING OF CLAIM WITH CITY 197
The City Manager reported that correspondence dated November 14,
1983 was received from Mr. William McCormick of the law firm of Ives, -
Kirwan and Dibble regarding a lawsuit in the City of Rolling Hills
Estates in which the City of Rolling Hills was named as a defendant.
The Manager recommended that the claim be denied, and that the City's
insurance carrier be advised that the City has rejected the claim,
since the City of Rolling Hills was named in error, and the property
in question is in the City of Rolling Hills Estates.
A motion to accept the recommendation of the City Manager and to
reject the claim, advising the law firm of Ives, Kirwin and Dibble,
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December 12, 1983
and the City's insurance carrier,.Cal-Surance Group, was made by
Councilman Pernell, seconded by Councilwoman Leeuwenburgh and carried
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None �_-
BURGLAR ALARM RESPONSE 240
The City Manager reported that pursuant to adoption of.Ordinance JL
No. 202 letters were sent to ten residents requesting payment of.a
charge of $42.50 per occurrence for response to an activated residen-
tial burglar alarm. One resident has sent a check, two residents
have written to the City advising that they do not intend to pay, and
two residents have telephoned to protest the charge. In discussing
the matter, the Manager reported that subsequent to the billing by
the City a letter was sent to the residents involved by the Sheriff's
Department, referring to "false" alarms. The Council agreed that it -*-
was the intent of the Ordinance to assess all residents for any response
to an automatic alarm system to defray the increasing Sheriff's costs,
since such alarm systems require a special service that should not be
paid by the entire City.
Mr. and. Mrs. Allan Russell, 6 Runningbrand Road, expressed their
objections to the charge, and asked if a charge.would be made if the
alarm resulted in apprehension of an offender. The City Attorney said
the -'Sheriff would not bill the City if there is any evidence of Crim=
inal activity.
Following the discussion Councilman Pernell moved that the Council
forgive the first charges, refund the payment made and schedule the
matter for discussion at the first City Council meeting in February.
Staff was requested to work with the Sheriff to change the mording
in the Sheriff's letter to eliminate "false" alarm response..- The
motion was seconded by Councilman Heinsheimer°and carried by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
REQUEST FOR EXTENSION OF TIME, TENTATIVE TRACT 33962, TRAPANI 621
In a letter dated November 30, 1983 Douglas McHattie,.South Bay
Engineering Corporation, requested a one year extension of time for
Tentative Tract 33962 to enable the Geology Section to receive and
evaluate plans to remove and replace unsuitable fill material that
now exists on Parcel 2. The Manager reported that the geology and
hydrology reports required for filing a subdivision have not been
submitted. It was the Manager's recommendation that the applicant
be advised to withdraw the application for subdivision, with permis-
sion to refile at a later dated when all material is available, and
that a refund of the filing fee, less minimal charges to date, be
made to the applicant, Dr. John Trapani. The Manager's recommenda-
tion was accepted in a motion made by Councilwoman Swanson, seconded
by -Councilman Heinsheimer and carried by the following.roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
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December 12, 1983
FLYING TRIANGLE AREA GEOLOGICAL UPDATE 691
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In a letter to Mayor Murdock dated December 2, 1983 Betty Bathgate,
President of the Board of Directors of the Rolling Hills Community
Association requested that the Council ascertain if the Los Angeles
County Engineer would do necessary geological explorations and obtain
data for preparation of plans for the stabilization of the Flying Tri-
angle landslide and Portuguese Bend Road South. Mrs. Bathgate said
the Association will compensate the City for all costs -incurred, and
requests an estimate of the cost of the work. The Manager reported
that the County has been contacted and asked to consider doing the
study, and the City Attorney is proposing that the Council consider
a waiver for land owners to sign to permit drilling and geological -
work to be done on their property, holding the City, Association and
County harmless. A letter dated October 27, 1983 from William Cotton
and Associates, proposing that investigation of landslide repair al-
ternatives be developed in three phases at a cost of $85,000 was
presented to the Council, and the Manager said the letter had been. -
sent to the County, also. After review Mr. Arthur Keene, Supervising
Engineering Geologist, said he considered the Cotton proposal to be
01) too extensive, and he recommended that the County's 1981 report be
O updated, stating that the report is still valid. Specifically, Mr.
Keene recommended that the report be updated to address the depth of
Co the slide on the Wagner property at 54 Portuguese Bend Road, and a
Co slope indicator for monitoring should be placed on the Doak property
at 56 Portuguese Bend Road. Mr. Keene advised the City Manager that
waivers would be required to enable the County to go onto private
property to conduct the studies. The Manager recommended that the
Council evaluate the recommendations of the County Engineering Geo-
logist and authorize staff to proceed with the necessary actions to.
communicate the input to the Rolling Hills Community Association.
Councilman Pernell suggested that residents present at the meet-
ing be asked to comment. Dr. Richard Hoffman,.73 Portuguese Bend Road,
said that a meeting was held September 7, 1983,. attended by Mayor Mur-
dock, Board Director Bray, Mr. William Cotton and Courity Geologists
and some of the geologists expressed a concern about the portion of
Portuguese Bend Road within the active landslide. Comments made by
Dr. Ehlig about the potential failure of the road generated discussion
of drainage in the area, and a boring program that could provide a,
plan for stabilizing the road.. A letter waswritten to Cotton and
Associates asking that they advise what would be needed,.including
sub -surface strata information, to develop a plan to stabilize the
road, which would mean also stabilizing the slide. Mr. Cotton's
response was outlined in his letter dated October 27, 1983. Dr.
Hoffman said the County's proposal that a boring be made on the
Wagner property and a slope indicator be installed on the Doak pro-
perty seems to be a limited approach, and he wished assurance that
there would not be additional delays for more information at a later
date.
Councilman Heinsheimer said the goal is stated in Phase 4 of
Mr. Cotton's letter as development of final .engineering.drawings
and construction specifications of sufficient detail to allow con-
tractors to prepare competitive cost estimates, and if it is decided
to go with the County's advice, it should be determined that the
end result will be the same. Further, he suggested that the County
be asked for .a risk assessment of the project, outlining the potential
hazards of the proposed solution. Councilman Pernell said audio: point
could be established to minimize surprises. Councilwoman Swanson said
the Community .,Association should be asked to put in writing exactly, what
they wish to have done to eliminate misunderstanding or misinterpreta-�
tion between the Association, City and County.
Councilwoman Swanson moved that staff be
County to prepare a plan and cost estimate to
Rolling Hills Community Association, and that
at the legal aspects with regard to waivers.
by Councilman Heinsheimer and carried by the
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authorized to ask the
be presented to the
the City Attorney look
The motion was seconded
following roll call vote:
4'7 4
December 12, 1983
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson
Mayor Murdock
NOES: None
ABSENT: None
RECESS
The meeting was recessed at 9:05 P.M. and reconvened at 9:15 P.M.
MATTERS FROM MEMBERS OF THE COUNCIL
BALLOT MEASURE - MUNICIPAL ELECTION
Councilwoman Swanson asked the final date for submittal of a ballot
measure for the Municipal Election on Tuesday, April 10, 1984 and was
advised that the final date is Friday, January 13, 1984.
PRESENTATION OF PLAQUES
Councilwoman Leeuwenburgh reported that she attended a reception
at the Library.honoring three retiring Library Board Members, and an
event at Hesse Park honoring two former members of the Rancho Palos
Verdes City Council, and presented engraved plaques on behalf of the
City of Rolling Hills.
Councilwoman Leeuwenburgh said installation of new officers for
the Rolling Hills Women's Club will take place on January 11, 1984 at
a location to be determined, and Council members are invited
ADJOURNMENT TO CLOSED SESSION
Mayor Murdock adjourned the meeting to a closed session at 9:20 PM
MEETING ADJOURNED
The meeting was reconvened and adjourned by the Mayor to the next
regular meeting at 7:30 P.M. Monday, January 9, 1984.
APPROVED:
M
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City Clerk