0462.. .. .. _ _ - ,' tom.,, • .
RESOLUTION NO. 462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS DECLARING THE EXISTENCE OF A GRADUAL EARTH
MOVEMENT IN SAID CITY, AND CLAIMING IMMUNITY FROM
LIABILITY FOR DAMAGES RESULTING THEREFROM, PURSUANT TO.
GOVERNMENT CODE 866
WHEREAS, the eastern portion of the area designated as'
the "Flying Triangle" in the City of Rolling Hills ("CITY"), is -
subject to a gradual earth movement, which area is designated on
geological maps and surveys on file in the office of City; and
WHEREAS, Arthur G. Keene, Charles G. Sudduth and Robert
Thomas of the County of Los Angeles Geology Division, Department of
Engineering Facilities, acting for and on behalf of" City as its
geologist, and Perry L. Ehlig, Ph.D., Registered Engineering Geologist.
acting as City's consulting geologist, have reported to City that
there exists in the above described area a gradual earth movement,
and said movement has been ascertained by scientific instruments and
visible observation by said geologists, and'all of said movement has.
been*documented in reports on file in the office of City,. which are
available for inspection; and
WHEREAS, City °s geologists have.a.dvised City that further
tests are required to ascertain whether appropriate or remedial
actio:-: can be taken by City to halt, stabilize or abate such gradual
earth movements in the above area, but the geologists have not as:_
yet ascertained the westerly area affected by said earth movement
before injury to persons or property may result, or whether any
remedial action can be taken to abate said ground movement;
NOW, THEREFORE, BE IT RESOLVED.that the City Council of
City finds that based on the conclusions and recommendations in the
reports of its engineering geologists,.that gradual earth movement
is occurring -in the eastern portion of the area designated as the
Flying Triangle in City; and
BE IT FURTHER RESOLVED that because of the above unknown
.factors, the City Council is unable to determine or make a
judgment as to whether or not an appropriate remedial action is
available to City to -halt., stabilize or abate such land movement; and
BE IT FINALLY RESOLVED that based on the findings of'its
engineering geologists, public necessity requires City to declare
that a gradual earth movement does exist and is occurring in the
area designated as the "Flying Triangle" on the geological maps
and surveys which are on file in .the office of City, and that such
earth movement constitutes an impending -peril to all persons and
.property which could result in substantial damage thereto, and
City therefore claims immunity from liability from any such damage
by virtue of the findings made'by its engineering geologists as
aforesaid, and the provisions of 886 and 867 of the Government
Code of the State of California,
PASSED, APPROVED and ADOPTED this 9th day of March, 1981.
Ma the City of o11ills.
I hereby certify that the foregoing resolution was duly adoptec by the
City Council of the City of Rolling Hills, California at a regular
meeting thereof held on the 9th day of March, 1981 by the following
vote of the Council:
AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker
NOES: None
ABSENT: Councilmen Pernell, Rose
City Cler �'�