11/13/198492
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 13, 1984
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 Leeuwenburgh at 7:30 p.m.
Tuesday, November 13, 1984.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Murdock, Swanson
Mayor Leeuwenburgh
ABSENT: Councilman Pernell (arrived at 7:50 p.m.)
ALSO PRESENT: Joseph Leach
City Manager
Michael Jenkins
City Attorney
June Cunningham
Deputy City Clerk
Harry Kondo
County Engineer
George Sweeney
Architect
Richard Esposito
Palos Verdes News
William Field
Resident
Jan Ferris
Resident
Evelyn Hankins
Resident
APPROVAL OF MINUTES 1685
The minutes of the meeting on October 22, 1984 were approved and
accepted as.presented on a motion made by Councilwoman Murdock, secon-
ded by Councilman Heinsheimer and carried unanimously.
PAYMENT OF BILLS
Councilwoman Murdock moved that Demands No. 380 through 411,
413 through 415, and 11765 and 11766 be approved for payment in the
amount of $27,647.91 from the General Fund, and that Demand No. 412
in the amount of $3,440.21 be approved for payment from the Fire and
Flood Self Insurance Fund. The motion was seconded by Councilman
Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock., Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: Councilman Pernell.
PUBLIC HEARING CONTINUED - LOT 12 -FT, 53 PORTUGUESE BEND ROAD 1725
Mayor Leeuwenburgh announced that the hearing on abatement of a
nuisance on Lot 12 -FT owned by Mr. William Clayton and located at
53 Portuguese Bend Road was still open, and invited comment. The
City Manager circulated photographs ..taken• .earl:ier i -n the week which
showed the condition of the property, and a list of materials still
remaining on the property on November 9, 1984, prepared by Mr.. Harry
Kondo, District Engineer, was presented to the Council. Mr. Kondo
said the condition of the property is in violation of the Municipal
Code, and abatement should be accomplished by enforcement of the Code.
The City Manager reported that a small trailer has been parked
.on the property, and the registered owner has said it is there with
the knowledge and permission of the property owner. Mr. Leach said
there has been no progress on clean up of the property since the
matter was discussed at the last Council meeting, and he said the
City Attorney is prepared to advise the Council on the options
available for enforcement of the Code.
Mr. Jenkins reviewed options available including closing the
public hearing, declare the property to constitute a public nuisance
based on 18 conditions on the property submitted by the County Engin-
eer which are in violation of the Municipal Code, then either order
the conditions abated by forces of the City at the ultimate expense
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November 13, 1984
of the property owner through a lien, with placement of all costs on '
the tax rolls, or in the alternative, by filing of a criminal complaint
in the Torrance court against the owner of the property, alleging.mis-
demeanor violation of the Municipal Code for allowing the condition to
remain on the property. Another alternative would be to terminate the
matter without any action, the Attorney said. Mayor Leeuwenburah closed
the public hearing. U.
The Mayor asked Mr. Kondo to address the Council and elaborate on
the violations on the property for the record. Mr. Kondo reviewed the
list, including rubble and debris on the property, and he said the gar-
age, which is deteriorating, is a public nuisance, and should be demo-
lished. Councilman Heinsheimer asked whether the City could take some
preliminary steps to clear the property while criminal -charges are be-
ing prepared. Mr. Jenkins said it is doubtful the'City could recover
any of the costs, since the property will not have much value; he . said
provisions for rehabilitation in,the Building Code are substantially
the same as requirements for abatement of nuisance in the Municipal
Code, and the City could hire a contractor to clear the property. In
response to questions to Mr. Kondo, he explained that,the County, if
LD requested by the City, would hire a private contractortobring the
property into compliance with the Municipal Code, with all costs to be
L.L paid by the City, and inspections and technical assistance would be
provided by the County. Mr. Kondo said an earlier estimate to clear
ca the property was $5,000 to.$6,000, but.a current estimate has not been
made. Councilwoman Murdock asked whether the City could ask the.County
to take care of the abatement of hazardous conditions, and*file.charges
against the ownerfor removal of debris and rubble. Mr. Jenkins. said
that could be done. Councilwoman Swanson asked Mr. Kondo if the sub-
standard condition of.the,property is dangerous or potentially danger-
ous. Mr. Kondo answered affirmatively.
Mayor Leeuw'enburjzh asked the City Attorney about the time.frame
if criminal charges are filed. Mr. Jenkins said the matter should be
scheduled for arraignment .approximately two weeks after Charges are
filed. He( -explained that the defendant will be notified of the date,
time and location of the arraignment, and at the arraignment the de-
fendant will'be given an opportunity to plead guilty or'not guilty,
or request
st an extension for time to obtain a lawyer, and if requested
an extension is usually for two weeks.. A pre-trial date is scheduled
with two to three weeks from the arraignment date, and the defendant
is given an opportunity to discuss with the prosecutor' whether or not
he is willing to enter a plea in order to dispose of the case; if not
a trial date -is set within three weeks after the pre-trial date.
Councilman Pernell said he agreed that hazardous conditions should be
separated, if possible, from non -hazardous conditions, for immediate
attention. Councilman Heinsheimer suggested that criteria be estab-
lished for bringing properties into abatement, using the'technical-
assistance of the County. Mr. Leach noted that slab's have been per-
mitted to remain on other properties in the area.
The City Attorney recommended that the Council direct that criminal.
proceedings be initiated at the earliest possible time, and also request
that the Building Official provide the City with an estimate of the cost
of abating the conditions, broken down to show the cost for removing ,the
mobile item's which are not attached, and permanent items, including the
slab and foundation, to aid the Council in determining how to proceed.
If his recommendation is accepted, Mr. Jenkins said he will prepare a
list of conditions on the property which are in violation of the Muni-
cipal Code.
Councilwoman Swanson moved that -the staff report be accepted,
findings in the matter as presented by the Building.Offitial-be ,
adopted, that the Council find that a public nuisance exists on'the
property, in that conditions which have been recited represent vio-
lations of the Municipal Code and the Building Code, adopted by refer'
ence in the Municipal Code, and that the City Attorney be directed to
institute criminal proceedings against the owner. The motion was
seconded by Councilwoman Murdock and carried by the following roll
call vote:
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November 13, 1984
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
PROPOSITION "A" FUNDING, TRANSIT FUNDS 1936
Councilwoman Swanson reported that a questionnaire about trans-
portation needs in the community was sent to each household in the
City and 47 responses were received; 28 responses indicated a wish.to
have some kind of occasional transportation to fill certain needs and
19 responses were opposed to any kind of transportation. The major-
ity of questionnaires returned had no suggestions; three suggested
that the money accrued to the City be used for other purposes. Of
the responses in favor of transportation, most of the requests were
for transportation to school and recreation; there was no -indication
of a need for transportation to get to work. Based on the survey,
Councilwoman Swanson said it is apparent that a need for transporta
tion in Rolling Hills has not been demonstrated. She said the needs
expressed in the 28 questionnaires in favor of some type of transport-
ation should be considered, -and she asked that the City Attorney be
requested to present an opinion regarding the permitted use of the. -
roads in Rolling Hills by a demand/response service. Councilwoman
Swanson also asked that the.City Manager be authorized to explore u's.e
-of the funds accrued to Rolling Hills, specifically how they could be
traded for money or service, and whether the City's funds could be'
used for capital improvement of public transportation in the South
Bay area. She explained that a decision must be made regarding use
of the $47,000 accumulated by May or June, 1985.
Mayor Leeuwenburgh thanked Councilwoman Swanson for her report,
and directed the City Manager to explore options for use of transpor
tation funds and report -.to the Council.
Mrs:: Jan Ferris, 50 Eastfield Drive, said she had discussed the
questionnaire with other residents, and it was her opinion that it
was not specific enough with regard to options available. Council-
woman Swanson explained that the intent of the questionnaire was to''
make a survey of the needs of..the community, rather than to make a
presentation of what might be available. The City Manager said it
is his opinion that the response indicate that a need for transit;in
Rolling Hills has not been demonstrated.
PENINSULA TRANSPORTATION COMMITTEE
Mayor Leeuwenburgh reported that the Peninsula Transportation
Committee will meet on Tuesday, November 20, 1984 and the City
Manager and Councilwoman Swanson will attend.
PLANNING COMMISSION ACTION, OCTOBER 16, 1984 - HARALAMBOS 2125
The'City Manager reported that at a meeting of the Planning .
Commission on October 16, 1984 a request for a Variance of Maximum
Fill Slope Requirements on Lot 57B -2 -MS, owned by H. T. Haralambos"
and located at 1 Caballeros Road was approved. The information was
received for the file.
MATTERS FROM THE CITY ATTORNEY
Mr. Jenkins requested a closed session at the completion of
regular business before the Council.
MATTERS FROM THE CITY. COUNCIL
GRADING AT 5 CHUCKWAGON ROAD 2336
Councilwoman Swanson said she has expressed her concern about the
amount of grading being done on property at 5 Chuckwagon Road, and she
asked that the work be stopped until a Variance has been obtained. Mr.
Kondo said the lot is being re -worked, soil is being removed and will
be recompacted, and the resulting lot will be returned to the original
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November 13', 1984,
contours. The pad elevation will be within the confines -of 'the
ordinance, since the pad elevation is shown half way between the cut
and fill, and the interpretation made by the County is that the 30
foot cut and 30 foot fill limitation will not be exceeded. Council-
woman Swanson said it will not be in compliance, since the excavated
slope will not be.2:1as required. Mr. Kondo said he was advised by
Mr. McHattie, the engineer for the resident, thatthe grading has
been approved as shown on the plan. Councilwoman Swanson urged that
the City act to prevent a recurrence of the type of grading being
done on the Chuckwagon property. Councilman Heinsheimer suggested
that the City Council review the requirements in general, not with
regard to any specific grading project, to determine whether the
City should become more involved in monitoring grading projects. He
said Mr. Kondo and staff should work together to eliminate ambiguities
in interpretation of.the City's regulations and ordinances. Council-
man Pernell said" there is a difference between regulations pertaining
to cut and fill limitations and.re-working a lot to increase stability.
Following discussion'Councilman'Pernell moved that the City's.
grading requirements be referred to the Planning Commission for review
of policies and procedures, and a review of the fundamental steps from
permit issuance to final inspection to determine whether monitoring
procedures should be established. The motion was seconded by Council-
woman Swanson and carried unanimously.* Mayor Leeuwenburgh thanked Mr.
Kondo for his appearance before the Council.
PENINSULA YOUTH ON PARADE 2410
Mayor Leeuwenburgh announced that the annual Peninsula Youth
on Parade will be held on January 5,'1985, and information for,
participation will be provided to the Council when received.
INCORRECT INFORMATION FROM REALTORS - 2422
Councilman Heinsheimer said he had received a copy of a flyer
pro -pared by a realtor offering property in Rolling Hills for sale,.
and implying that certain.impro . vements had been or would be approved:
for that particular property. He asked that a letter be written to
the Community Association requesting that the offending realtor be
prohibited from entering into and doing business in Rolling Hills
until the information has.been corrected. The City Manager said
the realtor has been in touch with him and has advised that the in-
correct information will be corrected.
LANDSCAPING - CITY HALL GROUNDS AND MAIN GATE AREA
Mayor Leeuwenburgh reported that workhasbegun on landscaping
in the area of the Main Gate and City Hall property.
APPOINTMENT TO TRAFFIC COMMISSION 2466
Mayor Leeuwenburgh recommended that Dr. Thomas Wieher,.8 Flying
Mane Road, be appointed to' the Traffic Commission to fill'a-vacancy
which has occurred because of the resignation of Board of Directors
Member Betty Bathgate. The Mayor said all terms on the Commission
will be re -appointed in January 1985. The recommendation to appoint
Dr. Wiener was approved in a motion made by Councilman Heinsheimer,.
seconded by Councilman Pe'rnell and carried unanimously.
TRAFFIC COMMISSION
Mayor Leeuwenburgh, in her capacity as Chairmanofthe Traffic
Commission, said she wished to have a teaching ex�.ert work with the
Traffic Commission in the field for one half day, and would advise
the Council of the cost before proceeding.
MATTERS FROM THE CITY MANAGER 2410
REQUEST FOR ADDRESS CHANGE
The City Manager reported that Mrs.'Joseph,Carey, 6 Johns Canyon
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November 13, 1984
Road, has requested that her address be changed to 10 Johns Canyon
Road, since her home is located between 8 and 12 Johns Canyon Road,
the numbering sequence causes confusion for guests and deliveries,
and could have a serious impact in an emergency. The Manager reported
that No. 10 is not currently assigned to any residence on Johns Canyon
Road, and assignment to the Carey property -would provide an immediate
solution to the problem without affecting any other property.
The request was approved in a motion made by Councilman Heins-
heimer, seconded by Councilwoman Murdock and approved unanimously.
CLAIMS AGAINST CITY
Claims against. the City filed on November 5, 1984 by owners of
eleven parcels in the Flying Triangle were denied and referred to the
City Attorney in a motion made by Councilman Heinsheimer, seconded by
Councilwoman Murdock and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock; Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
PROPOSED PLAN OF CONTROL FOR COYS/DOGS IN PACKS
The Manager presented proposals from the Los Angeles County_
Agricultural Commissioner and the Society for the Prevention of
Cruelty to Animals for bringing under control the problems of coys .
and non-domestic dogs running in various residential areas of the.
City. The City Manager recommended that the Council authorize the
S.P.C.A. to proceed with their proposed plan of control which con-
sists of establishment of a feeding program, use of tranquilizers
in the food, and capture of the tranquilized animals, at a cost of
$16.50 per hour for approximately 50 hours. Mr. Leach explained
that a similar program had been used in Rolling Hills Estates, and
had resulted in capture of -four dogs. He said it was noted that the
problem was. particularly severe during recent hot weather, and it is
thought that the need for water may have contributed to the problem .
of coys and wild dogs appearing in residential areas. ,
Councilwoman Swanson moved that the proposal submitted by the
S.P.C.A. be approved, at a cost not to exceed $1,000, and to be
implemented at an appropriate time which is to be determined by the
City Manager and Humane Society personnel. The motion was seconded
by Councilman Heinsheimer and carried unanimously.
RENEWAL OF MAINTENANCE CONTRACT, AIR CONDITIONING EQUIPMENT 134/2
The Manager submitted a contract for annual maintenance of air
conditioning equipment at 2 Portuguese Bend Road, prepared by Aircon
Environmental Control Corporation. Renewal of the contract was ap-
proved in a motion made by Councilwoman Murdock, seconded by Council-
man Heinsheimer and carried unanimously.
PROPOSAL FOR PARTICIPATION IN DUI ENFORCEMENT PROGRAM
A letter dated November 1, 1984 from Captain Elmer Omohundro,
Commander of the Sheriff's Lomita Station advised that a proposed
Region D.U.I. enforcement program would consist of a special two man
traffic unite which would be deployed on Friday, Saturday, Sunday and
Monday nights in six hour increments for the specific purpose of ap-
prehending intoxicated drivers, and the cost for the unit on two con-
secutive weekends, beginning Friday December 21, 1984 and continuing
through Monday, December 31, 1984 would be 5.58% of the Regional juris-
diction's cost, or $206.00 for participation by the City of Rolling
Hills. Participation in the program was approved in a motion made by
Councilman Pernell, seconded by Councilwoman Murdock and carried unan-
imously.
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November 13, 1984
HOLIDAY CLOSING POLICY
M
Mayor Leeuwenburgh distributed copies of a communication from staff,
signed by personnel employed by the City of Rolling Hills and the Rolling
Hills Community Association, requesting that the Council consider closing
City Hall between Christmas and New Year's Day, and offering to give up
observance of four current holidays in exchange. Staff has offered to
work on Martin Luther King's Birthday, which will become a holiday in
January 1985; Lincoln's Day, February 12; Admission Day;. September'*9;
and Veteran's Day, November 11; since other City offices on the Penin-
sula are open for business on those days, and the City of Rancho Palos
Verdes and the School District close between Christmas and:.New Year's
Day. Following discussion of the proposal the Council.directed staff
to monitor the business activity during the 1984 holiday season, and
report at the first Council meeting in January 1985 for further discus-
sion and consideration forthe1985 holidays.
GRADING AT 5 CHUCKWAGON ROAD- 228/2
Councilwoman Swanson requested that a report by the City Manager
on the 1 1/2:1 grading being done at 5'Chuckwagon Road be scheduled as
an agenda item for discussion by the City Council at the next meeting.
ADJOURNMENT TO CLOSED SESSION
. - Mayor Leeuwenburgh adjourned zthe,meet..ing.to-a closed session at
9:30 p.m. The meeting was reconvened at 10:35 p.m. and the Mayor
announced that the Council discussed impending litigation., ..
ADJOURNMENT
. The meeting was adjourned at 10!40 p.m. to Monday, November 26,
1984. The Mayor announced that the Council will meet at 7:00 p.m. on
that date for a personnel session, and the regular meeting will be
convened at 7:30 p.m.
__C0'% -VN . VkA4
1 Mayor
j/ City Clerk