10/13/1986 3s3
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
October 13, 1986
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 Pernell
at 7 : 30 p.m. Monday, October 13, 1986.
ROLL CALL
PRESENT: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
ABSENT: Councilman Heinsheimer
ALSO PRESENT: Terrence L. Belanger City Manager
June Cunningham Deputy City Clerk
Ann Johnson Los Angeles Times
� Anne La Jeunesse Peninsula News
� Douglas McHattie So. Bay Engineering
William Cross Residents
Q� John Farrow
� Caesar Inducil
� Dr. L. Kelly
Q Mr. & Mrs. P. Mitchell �
Damoder Reddy
Mrs. Betsy Raine
Bruce Raine
Mr. & Mrs. C. Raine
CONSENT CALENDAR
Councilwoman Murdock asked that Approval of Minutes be removed
from the Consent Calendar. The Mayor so ordered. Remaining items
on the Consent Calendar were approved in a motion made by
Councilwoman Swanson, seconded by Councilwoman Murdock and carried
unanimously.
APPROVAL OF MINUTES
Councilwoman Murdock asked that the minutes of a regular
meeting on September 22, 1986 be corrected on page 4 , second
paragraph, to read: "to require that the ap licant remove the
fences which are currently in the easement, or apply to the Rolling
Hills Community Association for a license aqreement for use of
a portion of the easement for placement of fences, or relocate
the fence to the encroachment line approved by the City Council. "
The minutes as amended were approved and accepted on a motion
made by Councilwoman Murdock, seconded by Councilwoman Swanson
and carried unanimously.
PAYMENT OF BILLS
Demands No. 1631 through 1670 in the amount of $95,977. 90
were approved for payment from the General Fund. Demand No. 1666
was approved for payment from the Municipal Self Insurance Fund.
RESOLUTION NO. 555
Resolution No. 555 entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE IN ZONING CASE
NO. 329 was adopted by unanimous vote of the Council.
SUBDIVISION NO. 81, PARCEL MAP 16864, JOHN FARROW
. Mayor Pernell opened a public hearing on a proposal by John
Farrow, 12 Blackwater Canyon Road, that his property, Lot 97-RH
consisting of 7. 052 acres gross be divided into two parcels. The
City Manager said the public hearing was continued from the last
Council meeting, and he explained further that the parcel map
complies with requirements of the RAS-2 zone and has been reviewed
and approved by the Environmental Quality Board and Planning
Commission. Mr. Belanger said it is staff ' s recommendation that
the parcel map be considered favorably by the City Council.
3��October 13, 1986 October 13, 1986
Counc�lwoman Leeuwenburgh asked why the easements between
the newly created lots are different, noting that the smaller
parcel has a 25 foot easement on the northerly boundary, while
the larger parcel has a 10 foot easement on the contiguous southerly
boundary. Mr. Belanger explained that typically the side yard
easements on lots created by subdivision are 10 feet wide; however,
when this subdivision was reviewed and considered by the Rolling
Hills Community Association the easements as shown were required
in order to provide a greater separation between the existing
residence and construction on the new lot. Mr. McHattie said
he attended the meeting at which the requirement was imposed,
and the purpose was to ensure that the pad for the residence on
the new lot would not be graded any closer to the existing residence
than a 25 foot easement would permit.
Councilwoman Swanson asked whether the Manager knew
. of any person who wished to testify at the public hearing, but
was unable to attend the meeting because of the holiday. Mr.
Belanger said there was no objection, written or verbal, presented
at any of the hearings on the subject subdivision, and he noted
that the hearing was continued from the last meeting, which was
a duly noticed hearing. Mayor Pernell closed the public hearing.
Councilwoman Swanson moved that the parcel map be approved,
subject to conditions contained in the Planning Advisor' s report
dated May 20, 1986, and subject, further, to other conditions
imposed, and as shown on the map marked Exhibit A. The motion
was seconded by Commissioner Murdock and carried by the following
roll call vote:
AYES: Councilmembers Murdock, Swanson, Mayor Pernell
NOES: Councilwoman Leeuwenburgh
ABSENT: Councilman Heinsheimer
Mayor Pernell said there were specific restrictions imposed
on both lots with regard to grading, and he asked the Manager
whether there are safeguards to ensure compliance. Mr. Belanger
said the restrictions on grading on both lots are in effect a
deed restriction and will be observed by the Community Association,
the City and the County.
ZONING CASE NO. 327, DR. HUGO CAESAR, TENNIS COURT
In a letter dated October 13, 1986 Douglas McHattie of South
Bay Engineering Corporation requested a continuation of the
consideration of a Conditional Use Permit for a tennis court on
behalf of Dr. Hugo Caesar, 2 Pheasant Lane, for a period of six
months, or less if the moratorium on tennis court construction
is lifted before the six month period. Mr. McHattie said Dr.
Caesar is aware that by making the request he waives the right
to have the matter heard before the time specified. The City
Attorney recommended that the matter be removed from the agenda,
and the Mayor so ordered.
STATUS OF FLYING TRIANGLE 396
The City Manager requested that the meeting be adjourned
to a closed session to discuss Flying Triangle litigation.
DESIGNATION OF DELEGATE AND ALTERNATE, LCC ANNUAL CONFERENCE
The City Manager reported that the League of California Cities
Annual Conference will be held in Los Angeles October 19 - 22,
and he asked that a Voting Delegate and Alternate be appointed
to participate in voting on a series of resolutions that have
been developed throughout the year. Councilwomen Leeuwenburgh
and Swanson indicated that they plan to attend the conference and
with the concurrence of inembers of the Council Mayor Pernell named
Councilwoman Leeuwenburgh Voting Delegate and Councilwoman Swanson
Alternate. The Mayor asked that the League �of California Cities
be advised of the appointments.
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October 13, 1986 3 6�
MATTERS FROM MEMBERS OF THE CITY COUNCIL 430
South Bay Corridor Steering Commit.tee
Councilwoman Swanson reported that she attended the meeting
of the South Bay Corridor Steering Committee following action
by the Rolling Hills City Council to allocate $3, 000 in support
of funding the position of Transportation Coordinator, as requested
by Jacki Bacharach, Chairman of the Committee. The matter was
discussed by representatives of. affected cities at the meeting,
and Chairman Swanson said that although the cities expressed an
interest in some sort of a joint venture, there was insufficient
support for the plan proposed by Chairman Bacharach. There was
agreement that the transportation coordinator should not be hired,
and that other ways to act jointly should be explored by the cities.
Councilwoman Swanson said she will continue to report to the City .
on the matter. ,
Report on Legislation - HR-6
(o Councilwoman Swanson said she has been advised that language
� in HR-6 has been amended to include the City of Rolling Hills . -
� The amendment to the language of the bill was introduced by
� Congressman Dan Lungren on behalf of Rolling Hills, and Councilwoman
Swanson asked the City Manager to advise the Council on recent
m developments.
Q
MATTERS FROM STAFF
HR-6, Omnibus Water Resources Bill 452
The City Manager reported that as explained by Councilwoman
Swanson, he has been notified by Congressman Lungren' s office
that the language which would incorporate a study of the larger
geographic area in a proposed Corps of Engineers study of the
south Peninsula landslide has been included in the language of
HR-6, legislation which is to be considered during the coming
week. Mr. Belanger said the legislation is part of the Omnibus
Water Resources Bill which is now before Congress, and Congressman
Lungren' s office is optimistic that the language will be retained
as part of the Bill and will be adopted as part of the legislation.
Letter from N. La Caze re: Tennis Court at 24 Portuguese Bend
The Manager advised the Council that a letter was delivered
to him on Friday, October 10, 1986 from Norman La Caze, owner
of property at 24 Portuguese Bend Road. Mr. La Caze asked that
his application for a Conditional Use Permit for construction
of a tennis court, which was submitted prior to adoption of a
moratorium on construction of tennis courts, be exempted, stating
that the location is unique and the court would have a minimal
impact on the community. Mr. La Caze said he is willing to comply
with any and all recommendations that might be implemented in
the code after the moratorium, and would guarantee completion
by surety bond.
Mr. Belanger said the letter was received after the agenda
was distributed, and he recommended that if the Council wishes
to consider Mr. La Caze ' s request, it be placed on the agenda
for the next regular meeting. The Mayor so ordered.
PUBLIC HEARING, SUBSTANDARD DWELLING, 2 PINTO ROAD 492
Mayor Pernell stated that the City Council would assume the
role of Rolling Hills Building Rehabilitation Appeals Board, and
he opened a public hearing on a substandard dwelling located at
2 Pinto Road.
The City Manager displayed a plot plan for the Kelly property
at 2 Pinto Road and he explained that the Board held a hearing
in November 1985 to consider the structure, since the easterly half
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3�� October 13 , 1986
of the building was in imminent danger of being demolished by
the landslide, while the westerly portion was habitable. Following
the hearing Dr. Kelly was given permission to continue to live
in the westerly portion which did not appear to be in danger as.
a result of the landslide. Dr. Kelly was also given an opportunity
to present a plan to the City Council which would address his
course of action in the situation. Mr. Belanger said the pl�an
was not submitted, and in the intervening months the eastern portion
of the property has been demolished, as shown in . photographs
circulated to members of the Council, and much of the debris has
been moved downhill into the canyon tributary. To date no plan
has been submitted pertinent to the remainder of the property,
and the Fire Department is concerned about the fire hazard, and
the Building and Safety Department of Los Angeles County .. has
recommended that the debris be removed, as it presents a safety
hazard as well.
The City Manager recommended that the Rehabilitation Appeals
Board take the following actions : require that the delapidated
portion of the building and the slab be removed; that any utilities
that exist in that portion be capped; and that plan be submitted
for the rehabilitation of the eastern wall, which was originally
an interior wall, but will now become the exterior wall for the
remaining portion of the structure. The Manager explained that
the order includes any septic tank or seepage pit in the area,
which would also have to be capped as part of the order.
Councilwoman Swanson said the Council has been advised that the
area of the landslide has grown and she asked whether the western
portion has been affected. Mr. Belanger said that portion appears
not to be threatened by the movement at this time, and the
Department of Building and Safety has stated that in their judgement.
that portion of the structure is habitable if the wall is brought
up to code, and he said the geologist concurs with the Building
and Safety finding that the western portion is habitable. In
the event that the situation changes the order to abate would
be extended to the entire property, the Manager said.
Dr. Larry Kelly addressed the Council, and said his house
was one of the five homes in the original tear-drop shaped landslide
that was activated in 1980, and is the only home that remains:
Dr. Kelly said that he is in litigation, and wishes to retain
the property in its present condition as evidence, as he has been
instructed by his counsel. Dr. Kelly said there has not been
a bi-lateral communication between him and the City. Mayor Pernell
said every resident receives a copy of the agenda for all City
Council meetings, and in addition, the Council has made a sincere
effort to keep residents advised of the Flying Triangle situation,
and to demonstrate compassion and understanding, while complying
with safety requirements. Dr. Kelly said it is his opinion that
there are other hazards in the Flying Triangle, and he asked that
the Council address all dangers, not his specifically. Dr. Kelly
said that when the situation first became apparent he requested
permission to remove soil from the rear of his property, and his
request was denied. Since then, he said, soil has been removed
from other properties and grading has been done, and he said that
he has researched records in Lomita and Los Angeles, and as far
as he can determine, no permits have been issued for any of the
grading or road repairs.
Mr. Paul Mitchell, 70 Portuguese Bend Road, said the structure
on the Kelly property has been declared a "nuisance" . He said
it is not a nuisance as far as he is concerned, and he suggested
that other residents in the area be asked to comment. Further,
Mr. Mitchell asked whether the Council is taking any action to
divert water from Crest Road which is entering the canyon. The
Mayor said it has not been established that water entering the
canyon from Crest Road is affecting the landslide, and the question
is not relevant to the hearing on the Kelly property.
Mrs, Betsy Raine, 71 Portuguese Bend Road, advised the Council
that she does not find Dr. Kelly' s residence to be a nuisance
or a hazard, since the location makes access to the property
difficult and there is little likelihood that anyone would be '
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October 13, 1986 3 s�
endangered, stating that all residents in the Flying Triangle
are aware of the large cracks in the area, and the dangers they
present. Mrs. Raine said the cracks in the ground are more
hazardous than the Kelly house,,.;ywhich is visible. Mr. William
Cross, 63 Portuguese Bend Road, said he concurs with the comments
offered by residents ; however, he said he feels the City Council
will not change their position.
Mayor Pernell asked the Manager why the matter was brought
to the Council at this time. Mr. Belanger said the Fire Department
has issued at least two notices to the owner asking that the fire
hazard on the property be abated, and, because there was no
compliance, the matter has been referred to the City Council.
The. City Attorney said the matter before the Cou'ncil is a
continuance of the process which was initiated some time ago,
at which Dr. Kelly indicated that he wished to submit a plan for
rehabilitating the structure. Mr. Jenkins said the procedure
before the Council is consistent with other instances in which
the owner expressed a desire to rehabilitate the structure, . and
the Council granted an opportunity for rehabilitating the property.
� Mr. Jenkins said it has been the City Council' s consistent policy
� not to be concerned with esthetic aspects, but only to be concerned
with the hazard presented by the demolished structures. With
� regard to references to "nuisance" , Mr. Jenkins explained that
� the Building Code generally defines substandard property as a
� nuisance, but typically it is considered to be a nuisance because
Q it is considered to be in a substandard condition, which is
specifically defined in Chapter 99 of the Building Code. Mr.
Jenkins said the dilapidated condition of the easterly portion .
of the Kelly house falls within that definition. To allow the
structure to remain in its present condition, Mr. Jenkins said
the Council would have to find that no hazard exists due to the
dilapidated condition, notwithstanding the recommendations of
the Fire Department and the Department of Building and Safety.
Mayor Pernell asked the City Manager whether he has any evidence
that refutes the citations of the Fire Department or the
recommendations of the Department of Building and Safety. Mr.
Belanger said he has none.
Councilwoman Leeuwenburgh said residents in the Flying Triangle
have suffered a major fire in addition to the landslide, and she
has concerns about failure by the Council to act, in view of recent
citations. She asked whether utilities in the area are monitored.
The City Manager said the Kelly property has been monitored, and
there has been some relocation of utilities. Mayor Pernell said
the Council has no choice but to sustain the findings and order
the appropriate actions to bring about compliance. The City
Attorney said that in the absence of any evidence contrary to
the recommendations of the City' s professional staff, the Council
is placed in the position of finding that a substandard property
� condition exists, and must be abated. The City Manager said the
City Council can continue the matter, if desired.
Councilwoman Murdock asked whether the Council can proceed
and still leave an option for Dr. Kelly to present evidence to
refute the findings of the Fire Department and Building Official.
Dr. Kelly advised Mayor Pernell that he would not attempt to refute
the evidence. Councilwoman Swanson asked whether the November
24, 1986 time limit specified in the staff recommendation applies
to the total project. The City Manager explained that the time
limit applies specifically to removal of the debris, but a time
limit could also be set for compliance with orders to cap all
utilities and rehabilitate the eastern wall to serve as an exterior
wall. Mr. Belanger said that in the event the Council proceeds
to order compliance, a notice would be sent to the property owner
by the chief Building Official, pursuant to the order of the Rolling
Hills Building Rehabilitation Appeals Board, and the applicant
would be expected to comply with the order. The Manager said
60 days from the date of the order should be ample time for
compliance. The City Attorney explained that in the event Dr.
Kelly does not comply with the order, the City will contact a
contractor with a license to demolish structures and make
arrangements for demolition at a time specified after expiration
of the time limit established by the Council, and a lien will
be placed on the property to cover the costs .
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�s� October 13, 1986
Dr. Kelly asked how the City can order a contractor to remove
the soil that has covered his home as part of the demolition order,
stating that he was unable to obtain permission to remove any
soil. Further, Dr. Kelly said he has obtained two bids for
demolition of the residence, but the work requires grading and
use of tractors and he is unable to obtain a permit and have the
work done; he said the work being done by the Rolling Hills
Community Association has been done without permit. The City
Attorney explained that a contractor hired by the City for
demolition will act consistently with the recommendations and
requirements of the County Geologist and Department of Building
and Safety. Mayor Pernell said the Community Association has
been put on notice that any further grading requires a permit:
Councilwoman Swanson asked Dr. Kelly whether he has been advised
professionally that the City' s requirement for rehabilitation
of his property could not be accomplished beca�se of disruption
of soil. Dr. Kelly said not on those grounds; he explained tha.t
he did not pursue the matter when he was advised of the need to
grade. The City Manager said that in ev.ery issue pertaining to
the Flying Triangle, the Building Official consults with the County
Geologist, and it is their opinion that the abatement of the Kelly
property can be accomplished without affecting the stability of
the area. Mr. Belanger said grading of the property is not being
proposed; the order to rehabilitate the property pertains to removal
of combustible materials, capping of waste lines and utilities �
and renovation of the exposed east wall to serve as an exterior
wall. Mayor Pernell closed the public hearing.
Councilwoman Leeuwenburgh moved that the Council, actin.g
as the City' s Building Rehabilitation Appeals Board, adopt the
finding that the property is substandard, based on the evidence as
presented, and order the abatement recommended by the City' s
Building Official in his letter dated October 8, 1986 as follows :
The dilapidated portion of the dwelling to be demolished
above the slab and foundation, and debris related thereto
to be removed from the site, and sewer waste lines to be
capped, on or before November 24, 1986 ;
All utilities (gas, electric & water) to be disconnected
as necessary to implement the demoliton and removal;
Renovate the exposed east wall of the remaining
structure for code compliance as an exterior wall.
The motion was seconded by Councilwoman Swanson and carried
by the following roll call vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
NOES: None
ABSENT: Councilman Heinsheimer
OPEN AGENDA
Mayor Pernell opened the meeting to comment from persons
present at the meeting, and explained that items not on the agenda
would not be acted upon, but could be scheduled for di�scussion
at a later meeting if the Council wishes to do so.
MRS. INGRID MITCHELL, 70 PORTUGUESE BEND ROAD
Mrs. Ingrid Mitchell, 70 Portuguese Bend Road, asked that
the City Council have a berm constructed on the south side of
Crest Road to divert water from the Flying Triangle. Mrs. Mitchell
was advised that the roads are maintained by the Rolling Hills
Community Association, and she was referred to the Board of
Directors, which will meet next on Thursday, October 16, 1986
at 7 :00 a.m.
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October 13, 1986 3 6 9
RECESS TO CLOSED SESSION ° "` ' '
Mayor Pernell recessed the meeting to a closed session at
8 :45 p.m.
MEETING RECONVENED
Mayor Pernell reconvened the meeting and reported that the
Council discussed pending litigation during the closed session�.
MEETING ADJOURNED
The meeting was adjourned at 9 :55 p.m. to Mondag, October
27, 1986 at 7 :30 p.m.
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� City. Clerk
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APPROVED:
Mayor ,
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