11/12/1985MINUTES OF A
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 12, 1985
A special meeting of the City Council of the City of Rolling
Hills was called to order at the Administration Building, 2 Portu-
guese Bend. Road, Rolling Hills; California by Mayor pro tem Pernell
at 5:30 p.m. Tuesday, November 12, 1985.
ROLL CALL
PRESENT: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor pro tem Pernell
LO ABSENT: Mayor Heinsheimer
LJL � PURPOSE OF. MEETING
m Mayor Pernell announced that the purpose of the meeting was to
Q discuss matters of personnel, specifically recruitment of a City
Manager.
MEETING RECESSED TO CLOSED SESSION
The meeting was recessed to a closed session at 5:45 p.m. to
discuss personnel matters.
MEETING RECONVENED
The meeting was reconvened at 7:15 p.m. and was adjourned to
a regular meeting in the Council Chambers at 7:30 p.m.
APPROVED:
Mayor
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City Clerk
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MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 12, 1985
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 pro tem Pernell at 7:30 p.m.
Tuesday, November 12, 1985.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor pro tem Pernell
Mayor Heinsheimer
Michael Jenkins
June Cunningham
Ginger Blake
Lt. Dan Bollinger
H. Kondo
W. Clark
C..Abbott
R. Rockett
D. Crocker
Mrs. V. Doak
Mrs. C. Kelly
Dr. L. Kelly
Dr. & Mrs. F. Hartwig
Mr.'& Mrs. W. Kirkendale
Mr. & Mrs. N. Lean
Mrs. C. Partridge
Mrs. B. Raine
Miss B. Raine
Mrs. M. Schmidt
Mrs. L. Severy
M. Smith
Dr. F. Stanton
Dr. & Mrs. A. Zimmerman
1190
City Attorney
Citv Clergy.
Secretary
Sheriff's Lomita Station
L.A. Co.- District Engineer
L.A. Co. Rehabilitation
R.P.V. City Engineer
Observer
Resident
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Councilwoman Murdock moved that items on the Consent Calendar con-
sisting of item a, Approval of Minutes of the meeting on October 28,
1985 and b, Payment of Bills, be approved. With the concurrence of
the Council the Mayor so ordered.
PAYMENT OF BILLS
Demands No. 981 through 991 and 993 through 1004; 11831 through
11833 in the.amount of $17,821.70 were approved for payment from the
General Fund. Demand No. 992 was voided
FINANCIAL STATEMENT 1208
Councilwoman Swansom moved that the Financial Statement for .
September 1985, held on the agenda from the previous meeting, be
approved and accepted. The motion was seconded by Councilwoman
Murdock and carried unanimously.
MATTERS FROM CITY COUNCIL
REQUEST FOR LINE ITEM BUDGET ADJUSTMENT - TENNIS COURT BENCHES 1232
Councilwoman Swanson asked that the 1985-86 Budget be adjusted
to reflect approval of'benches for the tennis court at the meeting on
October 28, 1985, since the expenditure was not a budgeted item.
Councilwoman Swanson moved that the line item for recreation funds be
adjusted to reflect the approval of the expenditure for the benches.
The motion was seconded by Councilwoman Murdock and carried unanimously.
November 12, 1985
MATTERS FROM STAFF 1237
VESTING TENTATIVE MAP ORDINANCE
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The City Attorney advised the Council that new State legislation
requires that all cities in the State adopt an ordinance implementing
recent -amendments to the Subdivision Map Act that provide for approval
of a new type of tentative map which provides a subdivider with a
limited vested right to complete construction of its development re-
gardless of changes in the law adopted by the City after approval 'of
a map. Mr. Jenkins explained that the vested right runs with the
land, and that to comply with State law the Council is required to
introduce and adopt the ordinance before January 1, 1986. Further,
he said the amendment to the Subdivision Ordinance would not require
a public hearing.
In discussing the proposed ordinance Councilwoman *Murdock sug-
gested that a notice be placed in the Newsletter, explaining the new
legislation which will apply to subdivisions in the City. Council-
woman Swanson suggested that the.Fee Schedule'"for Subdivisions be
(� reviewed when the ordinance is adopted. The Mayor asked that she
LD form a sub -committee to review the fee schedule and report to the
o) Council.
LL INTRODUCTION OF PROPOSED ORDINANCE
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Q Councilwoman Leeuwenburgh moved that a proposed ordinance en-
titled AN ORDINANCE OF THE CITY OF ROLLING HILLS PROVIDING FOR VEST-
ING TENTATIVE MAPS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE be
introduced, and that reading in full be waived. The motion was
seconded by Councilwoman Murdock and carried by the following roll
call vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor _pro tem Pernell
NOES: None
ABSENT: Mayor Heinsheimer
PREVENTIVE MAINTENANCE -CONTRACT - AIR CONDITIONING -EQUIPMENT -
The City Clerk presented a preventive maintenance contract for
air conditioning equipment in the City Hall and Maintenance Building
submitted by Aircon Environmental Control Corporation. The Clerk
advised that the current contract was signed by the City Manager on
November 13, 1984, and that the fee schedule submitted with the new
contract reflects an increase in all hourly charges.
Councilwoman Murdock moved that the contract be approved and
executed. Councilwoman Leeuwenburgh seconded the motion. In discus-
ing the matter Councilwoman Swanson said she wished to have the con-
tract put out to bid. Councilwoman Murdock moved that her motion for
approval be postponed to permit receiving bids on the maintenance con-
tract.. The motion was seconded by Councilwoman Swanson and carried
unanimously.
The City Clerk was directed to present information to the Council
about the actual cost for service during the previous year, and to
obtain bids for a maintenance contract for the air conditioning equip-
ment.
PUBLIC HEARING, SUBSTANDARD PROPERTY AT #2 PINTO ROAD, KELLY 1361
Mayor Pernell opened a public hearing on substandard property
at #2 Pinto Road. The Mayor said that due to deteriorated conditions
existing on the property the City Building Official has recommended
that the dwelling be vacated and demolished, since earlier attempts
to abate the substandard conditions have failed.
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November 12, 1985
Mr. Harry Kondo, District Engineer, reviewed the chronology of
the property and said that the owner, Dr. Larry Kelly, did not re-
spond to a letter dated September 13, 1985 advising him that inspec-
tion of the property determined that the structure is open and acces-
sible to children and others, it is substandard as defined by the
City's Building Code due to extensive dilapidation, disrepair and/or
fire damage, and it exists as a fire hazard and a threat to public
safety and welfare. Pictures of the property taken on November 12,
1985 were presented to the Council for review. Because of damage to
the structure from land movement, it is the recommendation of the
Building and Safety Division of the Department of Public Works that
the premises be vacated and the residence be demolished by December 23,
1985.
Councilwoman Murdock said it is her understanding that half of
the structure has been severely damaged', but approximately half of it
is habitable. Mr. Kondo said the major concern is the north side of
the residence where a bank has bulged to the point where it is now in,
contact with the rear of the structure; he said that if the bank be-
comes more saturated by rain the pressure could result in danger to
the entire structure. In response to questioningby the Mayor, Mr.
Kondo said the findings enumerated in correspondence pertain to the
rear of the structure only, but cracking in the front has been ob-
served in recent inspections, and walls and tihe concretei:slab. in the
kitchen area have cracked. Because of the increasing damage Mr. Kondo
said the recommendation to vacate and demolish pertains to the ;entire
structure. The City Attorney asked Mr. Kondo whether it would be pos-
sible to remove the damaged section of the house and let the undamaged
portion remain. Mr. Kondo said the main concern is the slope, -which
has damaged the rear of the house and is continuing to move, so that
if the rear of the house is removed the slope will continue to.move
until it damages the front of the structure as well. He said it is
virtually impossible to separate the two. Mr. Kondo illustrated the
situation in a sketch, showing the area of current damage and the area
where projected damage will occur. Mayor Pernell asked that monitor-
ing of the property continue. Mr. Wardie Clark, Rehabilitation In-
spector for the County Department of Public Works, advised the -Council
that the sidewalk area in front of the structure is cracked, which he
said indicates that there is already stress in the front of the house.
Mr. Clark said he would not give an opinion about the relationship
between stress and danger in the situation being discussed.
Mayor Pernell invited comment from the floor. Mrs. Catherine
Partridge, 69 Portuguese Bend Road, said that after hearing factual
evidence by County personnel whe wished to address families and homes,
and she asked that Dr. Kelly be allowed to make the final decision
about demolishing the structure.
Dr. Kelly addressed the Council and said his house originally
was 4,000 square feet, with septic tanks on each side. Since 1980
when the landslide was first detected portions of the residence have
been cut away, and he continues to occupy the undamaged portion which
the County considers to be safe. Dr. Kelly said there is a provision
in the Building Code which will permit reconstruction of up to 25% of
the residence each year as long as a portion of the original structure
remains, but if the residence is demolished this opportunity will not
be available.to him. Mr. Kondo confirmed that Dr. Kelly's statements
are correct. Dr. Kelly said he is working with Dr. Fritz Hartwig, a
resident in the Flying Triangle who has stablilized his home, and Dr.
Hartwig is preparing a similar plan for stabilizing the Kelly home.
Mr. Kondo said that although the landslide has developed in the
past five years, it has accelerated in the past six months and it is
the County's opinion that the dwelling is hazardous in its present
condition since it is open and accessible. Dr. Kelly said there
are approximately 1500 square feet of habitable area on the front side.
Dr. Fritz Hartwig said that he has a clear view of the Kelly
residence from his property at 3 Pinto Road, and does not have an
objection to the conditions on the property. Further, Dr. Hartwig
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November 12, 1985
said it is his opinion that homes in the Flying Triangle can be saved,
based on calculations of the rate of movement on his property which
indicate that in the past three years his house moved only eight.in-
ches. Dr. Hartwig asked that Dr. Kelly be given approximately six
months to determine whether it would be feasible to rehabilitate his
home. Mrs. Mimi Hartwig, concurred with the appeal to let -Dr: Kelly
make the decision regarding his home.
Mr. Don Crocker, 14 Cinchring Road, said there has been no catas-
trophic movement of earth on the Peninsula, and it is reasonable to
conclude that it will not happen on the Kelly property; he suggested
that Dr. Kelly be permitted to fence or board up the substandard part
of the structure and attempt to save the habitable part by working on
rehabilitating it to preserve the land value: Mr. Crocker suggested
that Dr.'Kelly be asked to return to the Council.in 30-60 days with a
plan for salvaging the house. Mr. Norman Lean, 1 Pinto Road, said he
concurs with Dr. Hartwig's statement that the condition of the proper-
ty does not constitute an eyesore, and he said he is opposed to any
action which would force a resident out of his home and result in
co financial hardship.
L Mrs. Cathy Kelly said she has discussed the property with Art
CY) Keene,'County Geologist, and Mr. Keene said that he is of the opinion
Ll._ that it is safe to inhabit the front portion of the house. Mrs. Kelly
Co asked that Dr. Kelly be permitted to remain in that portion while he
a is investigating methods to rehabilitate the structure. Mr. Milan
Smith, 26 Portuguese Bend Road, suggested that the Council require
a waiver from Dr. Kelly from any liability which might occur as a
result of the condition of the property, and that an indemnification
agreement be signed. .'Mr. Smith said that it is importat that compas-
ion be shown to the residents in the Flying Triangle, while protecting
the City. Mayor Pernell thereafter closed the public hearing.
Councilwoman Murdock suggested that the Council consider requir-
ing a waiver of liability. The City Attorney said he would not recom-
mend permitting occupancy of a residence if sufficiently persuasive
evidence.is presented to the Council that the situation is hazardous,
even with a waiver of li=ability in favor of the City. If, however,
the Council is not persuaded that occupying the residence is hazard-
ous there are several approaches available, including a waiver. Coun-.
cilwoman Murdock asked that a plan be presented by Dr. Kelly for
removing the dangerous elements and abating the threat to health,
safety and welfare, working with Mr. Kondo to develop a plan which
is mutually agreeable to the County and the property owner, and,tha.t
Dr. Kelly be given two weeks to present a plan to the City which will
abate the nuisance without demolishing the house. Councilwoman Leeu-
wenburgh said she has been on the property and considers it a danger;
she feels"that a waiver must be required. Dr. Kelly said he needs to
consult with his attorney before he will agree to sign a waiver.
Councilwoman Swanson said that long range plans are needed for the
property in addition to short range plans for the house, and she asked
that the site continue to be monitored for signs of stress.
Mayor Pernell asked that Dr. Kelly have his attorney contact the
City Attorney regarding abatement of the hazard, and meanwhile the
Council agreed that the home.must be secured from the outside to make
it inaccessible. The Mayor said deliberations would be continued to
the next regular meeting, and members of the Council would make a
field trip to the site prior to the meeting. In summary the City
Attorney said the Council has required that Dr. Kelly secure the
structure from the outside to prevent access, since the building has
been declared substandard due to dilapidation and disrepair and is a
threat to public safety and welfare, and the Council has directed
that Dr. Kelly submit a. plan at the next meeting detailing plans for
rehabilitation of the property. The matter was held on the agenda
for further discussion at the next regular meeting.
OPEN AGENDA
DR. FRITZ HARTWIG, 3 PINTO ROAD RE: REQUEST FOR STATE FUNDS 1954
Dr. Fritz Hartwig asked whether an effort to obtain a grant of
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12, 1985
State funds similar to funds obtained by Rancho Palos Verdes for use
to attempt to abate the landslide is feasible, and whether such an
attempt would be supported by the City Council. The Mayd.r"said he would
agree!.individiially to!.support such an effort; however, the City At-
torney explained that funds approved for Rancho Palos Verdes were
premised on their landslide being on ocean front land and affecting a
public road, and the funds came from Continental Shelfland Act fund-
ing. Mr. Jenkins said he is unaware of any grant funding that might
be available to ameliorate a situation which is entirely on private
property. Mayor Pernell said it is his understanding that there is
renewed interest in establishing an abatement district, and he said
that could be supported. Councilwoman Murdock said it is her opinion
that the Council would be supportive of any effort which would not af-
fect the City's privacy.
REQUEST FOR FLYING TRIANGLE SLIDE ABATEMENT PROGRAM 2001
Mr. William Kirkendale, 67 Portuguese Bend Road, addressed the
Council about his concern over the deteriorating conditions in the
Flying Triangle which have accelerated within the last six months.
Mr. Kirkendale presented a proposal to try to abate the acceleration
in the short term and abate the slide altogether in the long term.
Mr. Kirkendale read his proposal into the record, and submitted a
copy, which was received for the file.
Mr. Milan Smith, 26 Portuguese Bend Road, an attorney represent-
ing residents on Crest Road regarding an abatement district, stated
that approximately one year ago the residents had an opportunity to
consider formation of an abatement district, and 85% of the assessed
valuation in the proposed district voted against formation, based on
problems associated with the designation of a geologic hazard, in-
cluding difficulty obtaining homeowner's insurance. Mr. Smith said
owners of properties on Crest Road were concerned about diminished
value of their properties if such a district were formed. Mrs.
Partridge said she and her. husband are opposed to a slide abatement
district, stating that it would be an undemocratic organization that
would control the homeowners in the Flying Triangle, where the tax
base is low. Mrs. Partridge said residents in the Flying Triangle
would have little say in an election.
Mr. Kirkendale asked whether there have been alternative sug-
gestions. He said his research indicates that nothing has been done
to address the ongoing problem, and he urged that a plan be developed.
Mrs. Linda Kirkendale urged that everyone attempt to work together to
address the problem.
RECESS TO CLOSED SESSION 2140
Mayor Pernell recessed the meeting to a closed session at 9:20 p.m.
MEETING RECONVENED
The meeting was reconvened at midnight, and the Mayor reported
that the Council had discussed matters of potential litigation and
personnel.
MEETING ADJOURNED
The meeting was adjourned to Tuesday, November 19, 1985 at
7:00 a.m.
City Clerk l%
APPROVED:
Mayor
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