3/25/1985MINUTES OF A 147
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
March 25, 1985
A regular meeting of the City Council of the City of Rolling Hills
was called to order at the Administration Building, 2 Portugeuse Bend
Road, Rolling Hills, California by Mayor Leeuwenburgh at 7:30 p.m.
Monday, March 25, 1985.
ROLL CALL
PRESENT: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
ABSENT: None
APPROVAL OF MINUTES
0'The minutes of a regular meeting on March 11, 1984 and an adjourned
meeting on March 14, 1985 were approved and accepted as presented on a
motion made by Councilwoman Murdock, seconded by Councilman Pernell and
carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
FINANCIAL STATEMENT
The Financial Statement for February 1985 was approved and accepted
as presented on a motion made by Councilwoman Murdock, seconded by
Councilwoman Swanson and -carried by the.I.following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 596 through 617 and
11787 through 11790 be approved for payment from the General Fund in
the amount of $26,342.67. The motion was seconded by Councilwoman
Murdock and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT.: None
ALSO PRESENT: Joseph P. Leach
City Manager
Michael Jenkins
City Attorney
L. D. Courtright
City Treasurer
June Cunningham
Deputy City Clerk
Mark Howell
Assy. Felando's Office
Harry Kondo
L. A. County Engineer
Nancy Kraus
South Bay Free Clinic
(J)
Carole Ann Thompson
South Bay Free Clinic
LL
Jerry Faris
Los Angeles Times
m
Mr. & Mrs. J. Bell
Residents
Q
Dr. & Mrs. D. Borden
Mr. & Mrs. J. Brogdon
R'. Barth
Mrs. V. Doak
Mr. & Mrs. G. Partridge
Mrs. B. Raine
Mrs. M. Schmit.
APPROVAL OF MINUTES
0'The minutes of a regular meeting on March 11, 1984 and an adjourned
meeting on March 14, 1985 were approved and accepted as presented on a
motion made by Councilwoman Murdock, seconded by Councilman Pernell and
carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
FINANCIAL STATEMENT
The Financial Statement for February 1985 was approved and accepted
as presented on a motion made by Councilwoman Murdock, seconded by
Councilwoman Swanson and -carried by the.I.following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
PAYMENT OF BILLS
Councilwoman Swanson moved that Demands No. 596 through 617 and
11787 through 11790 be approved for payment from the General Fund in
the amount of $26,342.67. The motion was seconded by Councilwoman
Murdock and carried by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT.: None
March 25, 1985
PUBLIC HEARING, ABATEMENT OF NUISANCE, 2 RANCHERO ROAD 1335
Mayor Leeuwenburgh opened a public hearing on abatement of a
nuisance at 2 Ranchero Road. The City Manager reported that the
hearing was duly noticed as required by law, and submitted proof
of publication. Mr. Leach reported that Mr. Douglas Herrick,
owner of property at 2 Ranchero Road has built a structure on the
property without prior authorization or building permit, and that
construction of a building in a geologically hazardous area is a
violation of Sections 301 and 308(b) of the Building Code. Further,
the City Attorney said there are additional violations of the Muni-
cipal Code, including proceeding to completion after a "stop work"
order._ was issued, and roofing the structure with an illegal non -
fire retardant roofing material. Mr. Jenkins said that in consider-
ing the public nuisance the Council should determine whether the
structure poses a threat to the area in which it has been built.
The City Manager said Harry Kondo, District Engineer, Los Angeles
County Department of Engineer is present at the meeting to discuss
the violation and answer questions.
Councilman Heinsheimer said there are two separate issues; the
public nuisance, which is a health and safety problem, and the matter
of building without a permit, which he said is not as urgent. Mr.
Kondo stated that no construction is permitted.in an active landslide
area, and in answer to a question from Councilman Pernell, confirmed
that he is present.in the capacity of City Engineer.
Mr. Kondo advised the Council that on February 21, 1985 the County
was advised that a stable was under construction at 2 Ranchero Road, and
it was determined that no building permit had been issued. The County's
Chief Engineering Inspector from the Lomita office, Mr. Magill, inspected
the property on that date and noted that a garage and workshop 22' x 64'
with a concrete slab floor and a 5' retaining wall at the rear as part of
the supporting structure was under construction. A stop work order was
issued. The structure is a wood frame building and is roofed with mater-'
ial that is neither Class A, nor Class B, as required by the City. Mr.
Kondo said the inspector has estimated that 34 cubic yards of concrete
were pour for the .:footings and slab,.and approximately 2500 bricks were
used in construction of the retaining wall, and at least one truck load
of lumber for the building was trucked to the site. In total Mr. Magill
estimated that eight truckloads of building materials were delivered to
the site.
Mr. Kondo said that on November 9, 1984 a meeting was held on the
Herrick property, attended by the County's Supervising Engineering
Geologist Arthur Keene, members of the City Council and members of the
Board of Directors, and the purpose of the meeting was to discuss how
to fill fissures on'the property to prevent rainwater from entering the
underground strata through the fissures. At that meeting Mr. Keene said
the material used for filling fissures should be obtained from other
areas of the property and should not be brought in from outside of the
Flying Triangle landslide area. The process was explained to Mr. Her-
rick, and because there did not appear to be sufficient material on his
property to fill the fissures, use of dirt from the abandoned Wagner
property was approved by the geologist. Mr. Kondo said Mr. Keene ex-
plained to Mr. Herrick that no additional material could be brought to
the area because of the possibility that the additional weight could
accelerate the driving force of the slide. Mr. Kondo said Mr. Herrick
agreed to comply with Mr. Keene's instructions at that time, and there
was no mention of a plan to build a structure on the property. Council-
man Pernell asked what action would be taken if Mr. Herrick had applied
for a building permit. Mr. Kondo said no permit would have been issued
for construction in the active slide area, pursuant to Section 308(b)2
of the Building Code.
Mr. Douglas Herrick, 2 Ranchero Road, distributed copies of a
presentation to the City Council, and addressed the Council on the
matter. In the printed copy Mr. Herrick stated that he was directed
by Mr. Keene to construct a retaining wall on his property for the
purpose of curing a fissure problem. He said Mr. Keene recommended
a retaining wall so dirt could be taken from one part of the property
to another and used to fill the fissures, and the wall was constructed.
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March 25, 1985
i Ful
F RW CIA
and extended to include a foundation. T . he structure was erected in
order to provide a storage facility. Mr. Herrick said that on March 20,
1985 Mr. Keene stated that the structure's weight and configuration are
not geologically significant with respect to the existing slide, and the
presence of the structure has no material impact on any aspect of the
slide.
Mr. Herrick stated that the structure was built at a cost of $42,000
and is an extension o ' f the retaining wall built at the request of the
County Engineer. Mr. Herrick requested that a permit for the structure
be issued, and that it be made a matter of public record that he is
fully aware of the eventual impact on the structure from the slide. He
said he will cooperate in making sure that the structure complies with
all City building codes. The document was received for the file.
Mr. Herrick addressed the Council and said that at the meeting on
his property in November 1984 he was advised of the need to fill in
fissures on his property, using dirt from the site, and a suggestion
was made that he build a retaining wall in his corral area and take
dirt from that area to fill the fissures. He made arrangements with
(JO Mrs. Wagner to take dirt from her property also. In the process of
LO filling the fissures which were approaching the house on the west side,
()) Mr..Herrick said a small wall was built in front of his residence,
Lj_ using bricks already on the property. He asked whether he could build
00 a retaining wall in the corral area, and was told he could build a wall
three feet high. In the process of building the wall more dirt was
< needed, and Mr. Herrick said he proceeded to construct the structure,
using the retaining wall as part of the building, and he said it is
his intention to buy horses and use the building for storage of hay.
Mr. Herrick said the original wall was started at the suggestion of
Mr. Keene, but once started he proceeded beyond the three foot high
limit, and used the wall as part of the storage building. He said
everything that has been done was done in an effort to save the pro-
perty, Mr. Herrick said the dirt from the Wagner property has too
many rocks and is not suitable for filling fissures on his property.
Mayor Leeuwenburgh asked Mr. Herrick whether he has consulted
with a private geologist. Mr. Herrick said he did so about a year
ago to determine whether caissons should be put in to slow the slide,
and was advised that the movement was occurring 60' below surface,
and the cost for putting in caissons that deep would cost $250,000,
and there was no guarantee that they would be effective. Mr. Herrick
said he did not consult a geologist with respect to building the.new
structure on his property. Mr. Herrick said he was advised to drain
his pool, and he used dirt from his corral area to fill the drained
pool.
Councilwoman Murdock asked Mr. Herrickwhetherhis stated plan
to build a three foot high brick wall in the garden area was approved.
Mr. Herrick said he said the wall Would be approximately three feet
high, and no comment was made; he said he is not familiar with build-
ing requirements in the City.
Mayor Leeuwenburgh asked Mr. Kondo whether the weight which was
added has been estimated. Mr. Kondo said it has not been. Council-
woman Swanson asked Mr. Herrick how many tons of hay can be stored
in the building. He said two -semi -flatbed loads, minimum, could be
accommodated. Councilwoman Swanson said that would be about 20 tons.
Councilman Pernell said he considers the effort to justify the con-..
struction an insult to the Council. Councilman Heinsheimer suggested
that the problem of building without a permit be separated from the
problem of building in a slide area. The City Attorney reviewed the
violations of the Municipal Code and the Building Code, which cotisti-
tute a public nuisance. Councilman Heinsheimer said if there is a
health and safety problem the Council should deal with it, and he asked
Mr. Kondo to comment on the situation. Mr. Kondo stated that under the
Building Code and the Municipal Code the retaining wall, foundation and
building are illegal. He explained that a retaining wall less than
three feet does not require a permit, but no construction which requires
a permit can be built in an active landslide area. Mr. Kondo said=the
only type of construction which would be permitted, if, as Mr. Herrick
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March 25, 1985
has stated, Mr. Keene did recommend a wall, would be a wall less than
three feet in height without a "surcharge" on it, which means no sloping
bank behind it, or an additional load on the retaining wall. A wall in
excess of three feet in height, which is the case before the Council, is
a violation of the Building Code, Mr. Kondo said. Mr. Kondo said the
only recommendation.he,lcould be made is to have all construction removed
and the property returned to the state it was in before the retaining
wall and building were built. Councilman Pernell asked if that includes
removal of the 2500 bricks, cement and superstructure described by Mr.
Kondo from the property. Mr. Kondo said to comply all material used in
the construction must be removed.
Mayor Leeuwenburgh said it was her recollection that Mr. Keene
had stipulated that there could be an exchange of weight on properties
in the Flying Triangle. The City Manager explained that Mr. Keene had
specified that no materials could be imported to the Flying Triangle.
He approved transfer of dirt from the Wagner property to the Herrick
property, or from one area of the Herrick property to another area on
the same property, but had specified that no materials could be imported
to add additional weight to the Flying Triangle area: Further, the
City Manager said he had discussed the matter with Mr. Herrick and had
directed that if any materials were being imported to replace broken
materials which had been removed from the property, weight tickets to
verify the exchange of weight were to be submitted to the City Manager,
and Mr. Herrick had agreed to do so.
Mr. Herrick said he was unaware of the implications of what has
been done, and he said the construction was an effort to protect his
property. He said he is concerned about his house, and how to re-
store the property to original condition. Councilman Heinsheimer said
the issue of a structure on the foundation without a permit should be
addressed, but he suggested that Mr. Herrick consult with the County
Engineer about the impact of the retaining wall and foundation on
the slide area, and request a statement from the County in writing
regarding impact on the slide area i ' f the structure were removed and
the slab and retaining wall were permitted to remain. Councilman
Pernell said the County Engineer has stated that the construction is
a violation of the Building Code, and should be removed; Councilman.
Pernell said the violation is flagrant and should be mitigated as
recommended by the technical expert, since it is dangerous and sen-
sitive.
Mr. Robert Barth, ownerof property at 51 Portuguese Bend Road,.
said the house has been demolished at the direction of the City, and
he was advised that he could not cover the foundation with dirt, due
to the prohibition of dirt to the area. Mr. Barth said there is water
available on the property, which is now useless, and he would like to
build a structure and keep horses on the property. Mr. Barth said
there are violations throughout the City, especially on older.proper-
ties developed prior to the current Building Code, and he said
study should be done before construction is ordered removed. The
Mayor said the recommendation was made by technical staff. In re-
sponse to his property Mr. Barth was directed to meet with staff.
Mr. George Partridge, 69 Portuguese Bend Road, s
the discussion before the Council distasteful, and he
to act on the recommendation of the Engineer,and order
removed and the property restored to forestall future
Leeuwenburgh thereafter closed the public hearing.
aid he considers
urged the Council
the construction
violations. Mayor
Councilman Pernell asked the City Attorney to advise the Council
of the properactionto take in view of the clear violation. Mr. .�
Jenkins said it would be proper for the Council to find that there is
a public nuisance and order it abated. Under the Municipal Code the
owner would have 30 days to comply by removing the construction. If
the owner does not comply within the permitted time there are three
courses of action available to the Council: hire a contractor to enter
the property and remove the structure placing a lien on the property
for the cost of removal; direct that criminal action be brought, and
seek both fine and possible imprisonment, with probation; or the
Council could bring a civil action and seek a court injunctiori,requiring
remedy of the situation by requiring removal of the structure if 'the
owner does not remove it.
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March 25, 1985
Councilman Pernell moved that the Council find that a public
nuisance exists on property located at 2 Ranchero Road based on
findings that a slab was poured, a retaining wall was built and a
structure was built, all without geologic, -studies or building permit,
that an illegal roof was installed, that construction proceeded to
completion after a "stop work" order was issued, and that the con-
struction has placed a surcharge ' on the landslide'; and that all
materials used in the construction must be removed and the property
mus - t be restored to its condition prior to the construction. The
motion was seconded by Councilwoman Murdock.
In discussing the motion Councilman Heinsheimer asked the City
Engineer to explain what constitutes compliance.. Mr. Kondo said the
owner is required to obtain a demolition permit and level the cons-
truction to the ground. Councilman Heinsheimer asked whether the
County will monitor the order to ensure that it is enforced. Mr.
Kondo said compliance is the owner's responsibility, and the County
will make final inspection pursuant to issuance of the demolition
permit. Mayor Leeuwenburgh asked whether a bulldozer would be per-
mitted to operate in the geologically sensitive area. Mr. Kondo said
u) a small bucket loader can handle the demoliton.* douncilwoman'Murdock
0) asked whether the Council has any recourse or can review the demolition
process-. Mr. Kondo said the Council can instruct the County, eithek-in
LL the motion or in subsequent instructions. Councilman Pernell asked the
CO charges involved. Mr. Kondo said there is a fee for the demolition,
< permit, but he could not estimate the cost of extra -fees involved..
Councilman Heinsheimer suggested that staff be directed to maintain
control of the process to determine that the property is returned to
the original configuration in the safest manner. Members of the City
Council concurred with the recommendation. The motion was carried by
the following roll call vote:
AYES: Councilmembers Heinsheimer,
einsheimer, Murdock.. Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
The City Attorney advised that pursuant to the action of the '
Council, staff should be instructed to prepare a notice of abatement
to be completed within thirty days-to.the owner of the property. The
Mayor'so ordered. -
With regard to questions asked by Mr. Barth with respect to the
possible uses of his property, the Council agreed that the questions
should,be directed to the City Manager. Councilman Pernell said it
has been the posture of the Council to consider the stresses on the
owners of property, and to attempt to avoid and minimize the stresses.
OPEN AGENDA 1920
PERSONAL APPEARANCE, MARK A HOWELL
Mark A. Howell, Chief of Staff for Assemblyman Gerald N. Felando,
addressed the Council and advised that he assists Assemblyman Felando
in his capacity as Republican Caucus Chairman in the Sacramento office.
Mr. Howell said it is his responsibility to oversee the Assemblyman's
capitol and.district staff, and he spends three days each week in the
district office and two days in the capital office, and he is avail-
able to the Council and residents.
Councilman Pernell asked Mr. Howell to address the recent letter
sent by Assemblyman Felando regarding landslide activity. Mr. Howell
said the purpose of the letter is to advise the residents that the
assemblyman is preparing legislation designed to make available to
the residents.of Rancho Palos Verdes $300,000 - $400,000 in low cost
loans. from the Department of Boating and Waterways for studies of
how best to stop the landslide. Mr. Howell said he has toured the
landslide area in Rolling Hills with Mr. Leach, and although the City
of Rolling Hills has not been included in the'legislation being pre-
pared, it is possible that if desired, the legislation could be ex-
tended to include Rolling Hills. With the concurrence of members of
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March 25, 1985
the Council the City Attorney was directed to pursue the matter with
Mr. Howell. Mayor Leeuwenburgh thanked Mr. Howell for his appearance.
RECESS
The meeting was recessed at 9:00 p.m. and reconvened at 9:10 p.m.
NOTICE OF PUBLIC HEARING AND REQUEST FOR COMMENT - SCHOOL DISTRICT 1970
Councilwoman Murdock reported that in response to a notice of public
hearing received from the Palos Verdes Peninsula Unified School District
and request for comment on.a draft Environmental Impact for Rancho.Del
Mar Continuation School, she had attended the hearing as a member of the
La Cresta School Site, and had submitted testimony in writing on behalf
of the City of Rolling Hills. Councilwoman Murdock said that residents
of other cities presented verbal testimony, but no other resident from
Rolling Hills responded verbally. Councilman Pernell asked whether a
copy of the EIR would be made available to Rolling Hills: Councilwoman
Murdock said it would be. Mayor Leeuwenburgh thanked Councilwoman Mur-
dock for her report, and said copies of the City's.response are avail-
able to anyone who wished.to see it.
PROPOSITION A REPORT 1996
Councilwoman Swanson presented a report to the Council on the
Scope of Work for Use of Proposition A Local Return Funds. She ad-
vised that since distribution beginning July 1, 1985 Rolling Hills
has accrued a current balance of $36,305.48, which must be expended
within three -years after the year of receipt. Councilwoman Swanson
said the City must submit a plan by June 30, 1986 for funds received
during the year 1982-83.
Councilwoman Swanson said she wished to reiterate for the record
the results of a questionnaire sent to all residents asking that needs
for transportation be identified, and she said 49 responses were re-..
ceived. Of those.,: -17 stated that they did not need additional trans=
portation, and 7 of those said no transportation should be permitted. in
the City which could threaten the privacy of the roads. The survey in-
dicated that there are 6.members of the respondent's families that do
not have an alternate means of transportation. Thirty-two households
responded in detail about their need for transportation, and in those
32 households it was reported that there are 55 non -drivers. .The most
frequent need. in that group was for school, shopping and recreation;
only 8 households indicated a need for transportation to and from,work.
A few seniors expressed a need for occasional transportation, Coucil-
woman Swanson said.
Copies of letters received in connection with the study were at-
tached to the report to the City Council, including a letter dated
February 25, 1985 from the Rolling Hills Community Association, express-
ing their concern and opposition to use of private roads for public
transportation. Councilwoman Swanson said that was addressed in a-,
previous report, and a statement by the City Attorney was not included
in the minutes of the meeting. A list of options was presented for the
Council's consideration for use of the funds accrued to Rolling Hills,
and Councilwoman Swanson asked that in addition to the seven options in
the report, the Council consider an option suggested after the report
had been completed, which was a letter from Supervisor Deane Dana re-
questing that the South Bay Steering Committee look into what the South
Bay is doing with Proposition A funds. Councilwoman Swanson said she
will attend a meeting in the coming week as the City's representative
to the South Bay Steering Committee, which she envisions as a worsking
session to coordinate the Prop A efforts of cities throughout the South
Bay. Councilwoman Swanson said she will report to the City on the meet-
ing.
In conclusion Councilwoman Swanson asked that the Council give
serious consideration to the options available for use of the.funds..
which were voted in by 54% of the electorate voting on the issue., A
request was received from South Bay Free Clinic requesting that.funds
be allocated to their teenage "Safe Ride" program, and Councilwoman
Swanson said she is not sure that could be included as an option...The
City Manager said he had investigated, and it was his understanding
March 25, 1985
153
that it is not a permitted use of the funds. Councilwoman Swanson asked
that the Council determine whether the needs of certain residents as in-
dicated in the questionnaire should be considered, and she said any de-
cision by the City Council should consider the wished -of the Community
Association as expressed in the letter from the Board, which should
serve as guidelines.
In response to a request by Councilwoman Swanson the City Attorney
said it is his belief that a demand response system would not impact
the status of the private roads. Mr. Jenkins said he has not studied. .
the Board's objections, but has discussed the matter with the Associ-
ation's attorney,.and it is his understanding that the Board's position
is based on other factors. Councilwoman Swanson said the letter from
the Board addresses public transportation on the private roads and she
said that is not her intent to have public transportation go through the
City, which she said is not part of .the discussion or desired by any of
the residents who responded. She said the issue is whether acceptance
of the 1/2(� sales tax would threaten .the privacy of the roads, and than
should be clarified, since no funds would be accepted if they affected
the status of the roads.
LD Councilman Pernell said the Council should determine whether there
M is a viable program which would be of demonstrable benefit to the com-
LL munity that the City of Rolling Hills wants to get into; if there is,
�- other issues should be addressed. Lacking such a program, Councilman
m Pernell said there :is nothing-...todiscuss with the Community Association
Q .or any other body. Councilwoman Swanson suggested that the Council
attempt to decide on one option for use of the funds, and eliminate
those which are not feasible, stating that in her opinion sufficient
information was supplied in the report.
Councilwoman Murdock said the decision does not have to -,be made
until June, 1986, and at this time there is no viable plan for use
of the funds; she said there is ample time to pursue the matter.
Councilman Pernell said he would like more information about the "Safe
Ride" program for intoxicated minors. Mayor Leeuwenburgh said the City
of Rancho Palos Verdes, in a letter dated March 1, 1985, requested that
if the City Council decides not to participate in Palos Verdes Transit,
a contribution of..some or all of the City's Proposition A funds be made
to Palos Verdes.Transit in order to keep the funds on the Peninsula.
Councilman Heinsheimer suggested that the Council consider the options
presented, and that each member of the Council convey to Councilwoman
Swanson their ' preference for use of the funds. Councilwoman Swanson
said it is her hope that a use of the funds will be found that is ac-
ceptable to all members of the Council. Mayor Leeuwenburgh so ordered.
SOUTH BAY FREE CLINIC 2214
In a letter dated March 13, 1985 to the City Manager from'the
Administrative Coordinator it was requested that the City of Rolling
Hills consider an appropriation from its Proposition A allocation to
allow the South Bay Free Clinic to continue SAFE -Rides, a taxi service
for teenagers too intoxicated to drive or who are. stranded by an intoxi-
cated driver in.the Rolling Hills community. Mayor Leeuwenburgh wel-
comed Nancy Kraus and Carole Ann Thompson, representing the SAFE -Ride
program, to the meeting.
Ms. Kraus said the City of Hawthorne has received permission to.
use Proposition -A funds as a special grant for the program. The City
Manager reported that he had called LACTC regarding use of the funds,.
and was advised that the program does not qualify as a valid use of
Proposition A funds. Councilman Pernell suggested that the Manager
pursue the matter, citing the approval given to the City of Hawthorne
Councilman Pernell asked the frequency of need for the service.
Ms. Kraus said 30 - 40 requests for rides are received each weekend.
She -introduced Carole Ann Thompson, who explained her role as ride -
along support person, explaining that each call is answered by two
people, a driver and one person who rides along. She said the dri-
vers are male, and the rider is either male or female. In response
to.suggestions that the service could become a free taxi service,
the representatives explained that if there appears to be repeated
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151
March 25, 1985
use by a person.or persons the matter is investigated. They explained
that the service responds to persons who request transportation if they
are too intoxicated to drive, or to persons who become stranded because
the driver of the vehicle they are travelling in is intoxicated. Coun-
cilman Pernell said such a service could benefit residents of the com-
munity by removing intoxicated drivers from the roads. Councilman
Heinsheimer noted that the only fatal accident in the City involved an
intoxicated teen driver andsuggested an effort be made to determine
whether the program could be used in the City, and suggested that.rit
be discussed at the monthly meeting -of Mayors of the Peninsula cities.
Mayor Leeuwenburgh asked Councilwoman Swanson to report on the matter
in a month, and the City Manager was asked to serve as resource person
with the LACTC. The matter was held on the agenda for additional in.-
formation,
n-formation, and the Mayor and Council thanked the SAFE -Rides representa-
tives for their appearance.
WILDAN PROPOSAL FOR TRAFFIC ENGINEERING SERVICES 2313
In a report to the Council the City Manager advised that recent
traffic engineering and design matters within the City .have suggested
a need to consult with experts in various aspects of traffic design
and control on private streets in the City, and in the past few months
the services of Tom Brohard, Manager of the Transportation Enginebring
Department of Willdan Associates have been used. A Proposal for,Traf-
fic Engineering Services based on an "as requested" service arrange-
ment was presented to the Council, with a recommendation that the pro-
posal to provide professional traffic engineering services on an as
needed and requested basis, with compensation for such service to be
in accordance with the hourly schedule set forth in the Proposal.be
approved and accepted.
Councilman Pernell asked whether there is an immediate need for
Wildan services. Mr. Leach said there are some questions pending in
the Portuguese Bend Road South area with regard to signing. Mayor
Leeuwenburgh said the Traffic Commission wishes to use Mr. Brohard'
in a training capacity for the Commission regarding striping .and -sigh-
ing. The Mayor said.$2500 has already been approved for thei:Traffic:-
Commission's ..use this .year, and Councilman Heinsheimdr said -the staff'
and Traffic Commission should not be constrained to use one source.
He suggested that there should be latitude for the Traffic Commission
to use the consultants they wish, including Wildan, and he suggested
that competitive information be obtained. Councilman Pernell said
this is one area that might be considered for an exchange of services
between cities, rather than contracting with a private firm. Council-
woman Swanson said she agrees with Councilman Heinsheimer that competi-
tive information should be obtained, and she suggested that the Plan-
ning Commission be included in the briefing and training sessions with
the Traffic Commission.
NOTICE OF PUBLIC HEARING, PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT
A notice of a public hearing on Monday, March 25, 1985 for the
Palos Verdes Peninsula Unified School District Board of Education to
receive community input regarding the draft Environmental Impact Re-
port of the establishment of revised attendance boundaries for the
three intermediate schools for 1985-86 was received for the file.
The Manager reported that one resident called to suggest that some of
the Margate students be assigned to Dapplegray School, but no one was
present to represent the City, since the hearing is at the same time
as the Council meeting. The notice was.received for the file.
RESOLUTION NO. 533
Councilman Heinsheimer moved that Resolution No. 533 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALI-
FORNIA DESIGNATING PERSONS AUTHORIZED TO RECEIVE SUMMARY CRIMINAL
HISTORY INFORMATION be adopted, and that reading in full be waived.
The motion was seconded by Councilwoman Murdock and carried by.the
following roll call vote:
m
March 25, 1985 155
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
COMMUNITY BLOCK GRANT FUND ALLOCATION 2395
Mayor Leeuwenburgh opened discussion of allocation of Community
Block Grand Funds, which was held over from the previous meeting. The
City Manager reported that it has been the City's policy to allocate
the funds to the City of Lomita to be used for low cost and senior
citizen housing. At an earlier meeting members of the Council dis-
cussed the sale of fireworks in the City of Lomita, and it was the
consensus of the Council that the City Manager and City Council of
that city should be advised of the Rolling Hills Council's reluctance
to support in any way a city which sells fireworks in an area adja-
cent to the Peninsula, where fireworks are illegal. In a memo dated
February 27, 1985 the Lomita City Manager advised Mr. Leach that the
fireworks stand on Palos- Verdes Drive North has been sold by the
Lo Rotary Club, and Lomita will no longer issue a permit to sell fire-
cy) works at the location. In addition, Mr. Ritter said his city would'
be happy to help Rolling Hills by letting the city -use their equipment
LL_ and help for small projects.
Councilman Pernell said the stand on Palos Verdes Drive was sold
by the Rotary, and not through efforts of the City . of Lomita, and it
appears thatfireworks will be sold in other areas of Lomita; he sug-
gested that staff determine how many stands will operate in Lomita,
and that the objections of the Rolling Hills City Council be presented
directly to the Lomita City Council. The City Manager reported that
.Don Guluzzy, City Manager of Rancho Palos Verdes, has advised that the
funds could be used.by his city for temporary relocation of Palos Verdes
Drive South in the landslide area, and he asked that Rolling Hills con-
sider allocating their funds for that purpose. Mr. Leach advised the
Council that R61l'3L*n::'g Hills has funds available in the amount of $12,363
to be allocated by July 1, 1985, and he asked that the Council take an
appropriate action to make the allocation.
Following discussiontheCity Manager was directed to look into
possible uses for the funds and report to the Council. Councilwoman
Swanson said Rolling Hills has been allocating the funds to Lomita to
comply withrequirements for low and moderate' -income housing as part
of the City's General Plan . . Councilman Heinsheimer suggested that the
City Manager -be directed to research the matter -of compliance with the
General Plan by allocating the funds specifically for low income hous-
ing; also, that use of the money for a purpose which would keep the,
funds on the Peninsula should also be investigated. Councilman Per-
nell said it might be possible to have certain services such as road
striping in Rolling Hills done by other agencies such as the City of
Lomita. The Mayor asked the Manager to 'investigate the uses suggested
and report to the Council. The City Manager said there is a limit to
the uses for such funds, and to the leverage used in negotiations be-
tween cities, since.they are pass-through funds, but he said he would
research the matter and report.. The matter was held on the agenda.•
REQUEST FOR ASSIGNMENT OF ROBERTI-Z'BERG FUNDS, ROLLING HILLS ESTATES 2492
In a letter to the City Manager dated March 19, 1985, Sam Wise,,
Community Services Director for the City of Rolling Hills Estates, re-
quested that the City of Rolling Hills assign their Roberti-Z'berg Open
Space and Recreation Program funds -to the City of Rolling Hills Estates
as they have in past years. Mr. Wise advised that the total grant avail-
able to Rolling Hills is $1,019 for this fiscal year, and if approved,
Rolling Hills Estates would combine the funds with their current fiscal
year allocation of $3,777 to complete landscaping improvements and to
replace barbecue grills and picnic tables at Chandler Park. A sample
resolution and Joint Exercise of Power Agreement were provided to.en-
able Rolling Hills Estates to receive the allocation if approved.'
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March 25, 1985
Councilman Heinsheimer noted that in a letter dated March 20, 1985
Ray Taylor, Assistant City Manager, advised Mr. Leach that changes in
striping and signing at the Rolling Hills Road southbound approach to
the Palos Verdes Drive North intersection might improve left turn and
through traffic movements and facilitate the flow of traffic at the
intersection. Mr. Taylor said the striping and signing budget has
been expended and the program changes would be programmed into the
fiscal year 1985-86 budget effective July 1, 1985, and it is antici-
pated that sometime during the month of July the striping and signing
changes will be made. Mayor Leeuwenburgh said the request for change
was made in November 1984. Councilman Heinsheimer suggested that the
City Manager be directed to advise the City of Rolling Hills Estates
that the request for allocation of funds will be considered by the
Council when a letter is received advising that the change in signing
and striping requested by Rolling Hills had been done. Councilman
Pernell concurred with the recommendation and the Mayor so ordered.
MATTERS FROM THE CITY COUNCIL
DISCUSSION OF SEWERS 44/2
Mayor Leeuwenburgh said that following discussion of sewers at
the annual meeting of the Rolling Hills Community Association in
January the matter was referred by the Board to the City Council.
The Mayor said she wished to have a consensus of the Council on how
to proceed in the matter. The Manager said he has contacted the
Sanitation District and information will be sent.
CONSIDERATION OF MORATORIUM IN FLYING TRIANGLE
Mayor Leeuwenburgh reported that Arthur Keene, Chief Engineering
Geologist for Los Angeles County has provided a map to be used in
connection with a proposed moratorium on building in the Flying
Triangle.
JOINT MEETING WITH BOARD OF DIRECTORS
Mayor Leeuwenburgh reported that it has been the policy of the
Council to schedule a joint meeting with the Board of Directors -of
the Community Association on the fifth Monday of the month, and she
noted that in April there are five Mondays. Councilman Pernell said
a communication link has been established by the joint meetings and
should continue.
INSURANCE PREMIUM
The Mayor said that in response to a memo to the President of
the Board of Directors, the Board has agreed to pay one half of the
insurance premium to Cal-Surance. Further, the City Attorney has
recommended that the Association pay the entire insurance bill for
Caballeros, and the Board has agreed to do so.
POLICY ON AWARDS
Mayor Leeuwenburgh said two women in the community will be
honored in April by the Torrance YWCA, and she wished to present
plaques, suitably engraved, to Harlyne Norris and Joan Saffo. The
request was approved unanimously.
POLICY RE: REIMBURSEMENT OF EXPENSES
The :Mayor suggested that a policy be adopted regarding reimburse-
ment of expenses for City business. Members of the Council agreed to
continue the current policy as explained by Councilman Pernell; ex-
penses in connection with attendance at meetings, if submitted, will
be listed on: -the demands presented to the'Council, expenses incurred
for attending a conference should be approved in advance.
ELECTED OFFICIALS SOCIAL EVENT
The Mayor announced that the elected officials of the four Penin-
sula cities will meet socially at Hesse Park at 4:30 p.m. Sunday,
April 28, 1985.
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March 25, 1985
WEST BASIN WATER DISTRICT
15'7
Mayor Leeuwenburgh said Councilman Heinsheimer has been unable to
attend quarterly meetings of the West Basin Water District because of
other commitments, and she is willing to represent the City at the next
meeting. The Mayor!.asked that a letter be sent confirming the change.
JOINT BUDGET ]HEETING WITH CO1.14UNITY ASSOCIATION
The Mayor said she has requested a meeting with representatives
of the Board of Directors to discuss road striping, which is part of.
the City's budget, and they have agreed to the meeting.
THOMAS NEWSOM AWARD - RTD
The Mayor reported that a letter was received from the RTD re-
garding nominations for the Thomas Newsom Memorial Award, which will
be given in three categories: a youth recipient, a community leader
recipient and a criminal justice system recipient. Councilman Heins-
heimer nominated Councilwoman Swanson for her work in transportation.
(0 The Council concurred unanimously with the nomination.
LO
()-)MATTERS FROM THE CITY MANAGER 277/2
LL
m CABLE TV
Q The City Manager reported that he has received a copy of a letter
dated :'larch 25, 1986 from Tom Bandy, Community Services Director for
the City -of Rancho Palos Verdes to Harry Peacock, City Manager of Roll-
ing Hills Estates regarding the status of Rancho Palos Verdes' efforts
to provide cable television in the unfranchised areas of the City.
Mr. Bandy explained that the Council's cable subcommittee wants
to press forward immediately with a request for proposal in Rancho
Palos Verdes, and RFPs were mailed on March 20 to Group W, Colony and
Times Mirror. Mr. -,:.Bandy said the proposed joint.negotiation.coticept
has-:-.not_:.been -:abandoned but because each city has its own cable ordi-
nance, or none at all, it was agreed that it would be in each city's
best interest to discuss their individual situation and needs with
the cable company directly.
Mr. Leach said he had indicated to the other cities his interest
in joining in the discussions regarding cable tv, and would meet with
them to pursue the matter.
SALE OF SURPLUS WEED SPRAYER
The City Manager advised the Council that a weed sprayer purchased
in January 1975 for $1,836.65 is no longer in use; and two private con-
tractors active in general weed abatement for the County and others
have indicated an interest in acquiring the equipment. Estimated value
at this time is approximately $600.
Councilman Pernell moved that the weed sprayer as described be
declared surplus equiment, and that the City Manager be authorized
to sell it in as is condition to the highest informal bidder. The -
motion was seconded by Councilwoman Murdock and carried by the follow-
ing roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: None
LEAGUE OF CALIFORNIA CITIES SEMINAR
The City Manager requested authorization to attend a one -day
seminar on Transportation in Los Angeles County for Council Members,
the City Manager and transportation related staff sponsored by the
League of California Cities on April 4, 1985. A motion to approve
attendance.by the City Manager and Councilwoman.Swanson was made by
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HEAR
F-11PAJ,
March 25,.1985
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
PRELIMINARY BUDGET MEETING
The Manager reported that a preliminary budget meeting will be
held on Tuesday, March 26, 1985 with the City Treasurer, Councilwoman
Murdock, the Finance Officer and the City Manager.
GIRL SCOUT DINNER
The Mayor. reported that an invitation to a Girl Scout dinner
on Thursday, April 25, 1985 has been received. Councilwoman Swanson,
said she will attend.
ADJOURNMENT 430/2
The meeting was adjourned at 10:50 p.m. to Monday, April 8, 1985.
The Mayor said the Council will meet at 7:00 p.m. in a personnel
session and the regular meeting will be called to.order at 7:30 p.m.
APPROVED:
L1 V% V%%4 �P-e eA C"A.&A- b UL Ll Of bi
I Mayor
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*6i*ty Clerk