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11/26/1979299 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA November 26, 1979 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 Swanson at 7:30 P.M. Monday, November 26, 1979. ROLL CALL PRESENT: Councilmen Crocker, Pernell, Mayor Swanson ABSENT: Councilmen Heinsheimer, Rose The minutes of the meeting of November 13, 1979 were held on the agenda at the request of the City Attorney. FINANCIAL STATEMENT The Financial Statement for the month of October 1979 was approved and accepted as presented on a motion made by Councilman Pernell, sec- onded by Councilman Crocker and carried by the.following roll call vote: AYES: Councilmen Crocker, Pernell, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Rose PAYMENT OF BILLS Councilman Crocker moved that Demands No. 8425 through 8459, with the exception of Demands No. 8437, 8446 and 8451, which are void, be approved for payment in the amount of $43;264.06 from the General Fund. The motion was seconded by Councilman Pernell and carried by the follow- ing roll call vote: AYES: Councilmen Crocker, Pernell NOES: None ABSENT: Councilmen Heinsheimer, Rose ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney L. D. Courtright City Treasurer June Cunningham Deputy City Clerk co A. G. Keene Engineering Geologist, L. A. Cty. H. Agid Residents co Dr. & Mrs. D. Borden O Dr. L. David Q Mr: & Mrs. E. Doak Q Mrs. C. Hoffman Q M. Langer B. Munroe Mrs. E. Pedersen Dr. & Mrs. J. Po Mrs. B. Raine Mr. & Mrs. A. Russell Dr. K. Tokita 'K. Watts A. Weber R. LeFrancois Student -Observer APPROVAL OF MINUTES The minutes of the meeting of November 13, 1979 were held on the agenda at the request of the City Attorney. FINANCIAL STATEMENT The Financial Statement for the month of October 1979 was approved and accepted as presented on a motion made by Councilman Pernell, sec- onded by Councilman Crocker and carried by the.following roll call vote: AYES: Councilmen Crocker, Pernell, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Rose PAYMENT OF BILLS Councilman Crocker moved that Demands No. 8425 through 8459, with the exception of Demands No. 8437, 8446 and 8451, which are void, be approved for payment in the amount of $43;264.06 from the General Fund. The motion was seconded by Councilman Pernell and carried by the follow- ing roll call vote: AYES: Councilmen Crocker, Pernell NOES: None ABSENT: Councilmen Heinsheimer, Rose 300 November 26, 1979 PERSONAL APPEARANCE, ARTHUR KEENE, SUPERVISING GEOLOGIST, L.A. COUNTY Mayor Swanson welcomed Mr. Arthur Keene, Supervising -Engineering Geologist for Los Angeles County, and she asked him to address the . Council and residents on the County's viewpoint on the slide in Rancho Palos Verdes with respect to the effect on Rolling Hills. A map was displayed, and Mr. Keene pointed out the areas of the ancient slide, the Portuguese Bend slide and the Abalone Cove slide. Mr. Keene explained the procedure for field checks of geological reports filed in connection with proposed lot improvements and subdi- visions in contract cities served by the County under contract as engineering geologist. Mr. Keene said existing landslides, unstable slopes and any cut and fill which could lead to landslide are geological hazards, and the geologist does not make an evaluation, but advises the City that based on the potential, a geology report should be required prior to development of -the site. If the report is sufficiently detailed to convince the County geologist that the proposal is a safe development, the project is approved by the County geology section. Mr. Keene said several years ago a number of residents in the Fly- ing Triangle engaged a private geologist who made an extensive study of the.area, and submitted a report indicating that the portion of the ancient landslide in the.Flying Triangle is stable and is not subject to future landslide. Mr. Keene said a geology report was submitted for the 20 acre Flying Triangle Extension and the first submittal was rejected as inadequate. Questions raised by the County Geologist were answered in the second review, and based on the additional information submitted, the County found that development was feasible, although no grading or construction plan for development was submitted. Part of the area was restricted, and development would be permitted in certain sections only. Mr. Keene said these findings could be similar for any part of Rolling Hills, and there is a viable concern about areas south of Crest Road. Councilman Pernell asked whether the feasibility study was based; on topography, and Mr. Keene said the findings were basedon the -land- slides in the area. Mayor Swanson asked how deep the layer of benton- ite is in land adjacent to Rolling Hills. Mr. Keene said it is close to the surface and is exposed sporadically. Councilman Crocker asked where the County stands with regard to sewage disposal for the proposed tract. Mr. Keene said installation of sewers would be of great benefit, and he explained that landslide.is caused by a mass of sufficient size and ground water of -sufficient level causing instability. Councilman Crocker said Flying Triangle residents are concerned. about the effect of development in the Flying Triangle Extension on the stability of their properties, and the Council is conscious of an obligation to make sure that the residents are protected, in addition to the landowner who wishes to develop the property. Mr. Keene said if a proposal has an adverse effect on another property it. is turned down. Mr. Keene referred to an Engineering Review Sheet dated Decem- ber 12, 1978 prepared as a review of a soils report dated November 10, 1978 by Converse, Ward, Davis, Dixon in connection with tentative de- velopment, which stated that "the proposed development appears feasi- ble", and listed five conditions which would have to be met prior to approval of a grading plan. Mr. Keene said "appears" is a cautious word, used before a grading plan is submitted, since requirements could change upon submission of a tentative map or grading plan. Councilman Crocker asked what control the County has in determining the accuracy of soil samples submitted. Mr. Keene said the County has no way, since they do not have an inspector on the site when the samples are taken. Councilman Crocker suggested that the Council authorize Mr. Keene to act on behalf of the City to verify the testing of the samples submitted, re -test critical sections, and have a lab of Mr. Keene's selection verify the results. Councilman Crocker said that in areas where the accuracy of the samples is critical, the City should obtain its own samples for testing. Councilman Pernell said the City feels a great sensitivity in this area, and he agreed that such safety measures should be recommended. Mr. Keene said.such safeguards are very expen- sive; the Council agreed that the value of homes justify such an expend- iture. -2- November 26, 1979 301 Mayor Swanson asked whether tests to determine stability of a specific property extend beyond the perimeter of that property. Mr. Keene explained that underlying slides extend beyond lot lines, and properties are studied with reference to the ancient slide. Mayor Swanson asked whether a study has been made of the area in Rancho Palos Verdes immediately adjacent to Rolling Hills. Mr. Keene said the owner, Palos Verdes Properties, has had some studies by Converse, Ward, Davis, Dixon, also Dr. Richard Johns has served as consultant. Councilman Pernell said it is reasonable to assume that the de-. veloper is going to hire the consultant who will be cost effective, and the Council is requesting a definition of minimal acceptability versus the top line of acceptability. Mr. Keene said the County has adopted a minimal code which all submittals must meet. He said there is an Engineering Geologists Soils Review and Appeals Board, consisting of consultants employed by the Board of Supervisors, so the applicants can appeal the decision of the County Engineer if they do not agree with findings that the report submitted is inadequate, or that addi tional information is needed. The Board consists of three geologists and two soils engineers and meets within two weeks after an appeal is filed. Mayor Swanson asked whether the County Engineer would have CO COmore clout than the Geology Appeals Board in a request for grading of a property in the moratorium area.. Mr. Keene said the County Engineer Q would have more authority and the moratorium does not affect his de- cision about whether or not construction would be safe. Q Councilman Crocker asked whether there was a reason to stabilize Q a known dangerous condition if land is known to be unstable, but.is not sliding. Mr. Keene said undercutting, saturating and changing the use of land can activate a slide, but in some cases measures taken in connection with hillside development, such as.grading, buttressing, sub -drains, elimination of ground water, installation of sewers, can s result in a more stable situation than existed before the work was started. The Mayor asked whether a slide could creep upward. Mr. Keene said land does not slide uphill, but as it slides downward, ground above it is affected. Councilman Pernell asked Mr. Keene to comment on a letter sent to Dr. Laurence David, 5 Ranchero Road by Mr. David Cummings, a geological consultant, giving'a critical review of the report on the proposed con- struction in the Flying Triangle Extension Subdivision. Mr. Keene said he read the letter just prior to the meeting, and he said Mr:- Cummings' approach is academic, he lacks experience in the field; and is in a good position to do critical analyzing. Mayor Swanson invited members of the audience to speak. Dr. David asked whether the active slide could migrate towards Rolling Hills, Mr. Keene said that in his opinion the only thing that would cause migra- tion would be a minor earthquake. Dr. David said the Converse Davis Report alluded to many superficial slides, and he asked whether the County considered that there might be larger slides under the small superficial slides.. Mr. Keene said that is always considered, and sub- mission of a tentative map would require additional information. Councilman Pernell asked whether the moratorium area imposed by the City of Rancho Palos Verdes should be extended regardless of city boundaries. Mr. Keene said he does not consider a moratorium in Rolling Hills necessary. Mr. Anton Weber, 53 Portuguese Bend Road, said the stability of Lots 11, 12, 13, 17, 20, 30, 32, 33, 34 and 35 in the Fly- ing Triangle was established in an independent study. Mrs. Carol Hoffman said residents in the Flying Triangle and in the community of Portuguese Bend are concerned about proposed develop- ment in the Flying Triangle Extension in view of the Abalone Cove land- slide, and she said she has observed changes in the terrain, including fissures and changes in elevation in the past ten years, especially along Palos Verdes Drive South. Mr. Keene said Palos Verdes Drive South moves between two and three inches a.month, and he would share Mrs. Hoffman's concern about development in that area, but would not have the concern about development in other areas. Mrs. Hoffman asked. whether heavy construction equipment could cause the land.to slide. Mr. Keene said the vibration would not activate a landslide. -3- 302 November 26, 1979 Mr. Allan Russell, 6 Runningbrand Road, asked when Mr. Keene expected to receive the information asked for in the review sheet he read from earlier in the meeting. Mr. Keene said it was his opinion that the information would be provided with a tentative map or grading plan, since the statement in the review sheet contained a provision that the five conditions outlined must be accomplished before a grading plan was submitted. Mr. Kenneth Watts, 1 Wrangler Road, asked whether a sewage system in the Flying Triangle Extension, piped into the system below, would help the situation. Mr. Keene said a sewage system would be the great- est measure that could be taken, but would be extremely expensive. Dr. David said the engineer for the project told him the -cost for in- stalling a sewage system would be too prohibitive to be considered. Councilman Crocker said there are systems for handling effluent and self-contained sewer systems for a limited number of lots, and Mr. Keene said he is familiar with secondary systems. Mr. Bruce Munroe, 4 Chestnut Lane, asked whether the landslide situation will go on, or if there is an end in sight, and Mr. Keene said it is difficult to predict, since factors such as rainfall affect unstable land. Mrs. Hoffman asked who would.be liable for damage resulting from construction.done according to a plan approved by the County. Mr. Keene said the consultant who provided the geology information would be liable, although the County probably would be named also. Mrs. Hoffman asked whether Mr. Keene said the same factors that caused the Portuguese Bend landslide exist in the Flying Triangle Extension. Mr. Keene said the factors are similar, not the same; weak beds, adverse bedding planes, high ground water conditions are factors which lead to landslide. Councilman Crocker said he wished to propose a resolution giving final authority in decisions affecting Rolling Hills to Mr. Keene, not the Geology Appeals Board. Mr. Kinley said a Geology Appeals Board was established by ordinance of the Rolling Hills City Council in 1967, and a copy of the ordinance was given to Mr. Keene for his review and comments. Councilman Crocker told=Mr. Keene the spirit of the Council is that they wish assurance that a site is safe before development can be considered. Mayor Swanson said the determination would be expensive, but cost is not the major consideration at this time, since the need to determine safety is most important. She said -it is her opinion that the.costs should be paid by the applicant. Councilman Crocker said if it is established that the charge can not legally be required of.the applicant, he would be willing to have the City pay. Mayor Swanson thanked Mr. Keene for his presentation, and she urged residents to continue to attend Council meeting. Mr. Keene said he would review the Ordinance Establishing a Geology Appeals Board, and would comment on it in writing. RECESS Mayor Swanson recessed the meeting at 9:30. The meeting was reconvened at 9:35 P.M. ORDINANCE AMENDING ELECTRICAL CODE RE: FEES 600 Mr. Kinley advised the Council that he has received a copy of the 1979 Los Angeles County Electrical Code, which the City of Rolling Hills has adopted by reference, and it was his recommendation that the Council adopt an ordinance establishing fees for .the City of Rolling Hill.s. Councilman Crocker moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, AMENDING ORDINANCE NO. 160 OF SAID CITY BY ADOPTING BE REFERENCE THE 1979 EDITION OF THE LOS ANGELES COUNTY ELECTRICAL CODE be introduced, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: EM CD 0 Q Q Q November 26, 1979 303 AYES: Councilmen Crocker, Pernell, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Rose AMENDMENT TO L.A.COUNTY SOLID WASTE MANAGEMENT PLAN 616 . Mr. Kinley advised the Council that the Los Angeles County Solid Waste Management Plan was amended subsequent to adoption by reference by the City of Rolling Hills, and he presented a written summary of Amendment No. 2. RESOLUTION NO. 422 Councilman Crocker moved that Resolution No. 422 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS CONCURRING WITH. AMENDMENT NO. 2 TO THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN be adopted, and that reading in .full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Rose AMERICAN ASSOCIATION OF UNIVERSITY WOMEN RE': RUBBISH TRANFER STATIONS 700 In a letter dated November 15, 1979 the American Associat.ion of University Women, Palos Verdes Peninsula Branch, advised that the Palos Verdes Landfill will close in 1980, and urged the cities on the Peninsula to join in an effort to establish a Peninsula Transfer Center which would service only the needs of the four peninsula cities. Mayor Swanson said the subject of transfer stations is being considered by the Sanitation District, and she said the current cost of $3.50 per ton for disposal will increase to $11.00 per ton by the. end of 1980, whether or not a local transfer station is established. The Manager said she plans to make a trip in the near future to the BKK Transfer Station. HOUSING ELEMENT GUIDELINES 742 A letter dated November 16, 1979 from the City Manager of Redondo Beach, written on behalf of the South Bay City Managers' Association, expressing concern over a recent communication from the State Depart- ment of Housing and Community Development asserting that Housing Element Guidelines are mandatory, was presented to the Council,_with an excerpt from the League of California Cities Legislative Bulletin concerning the matter. Withl.�the concurrence of Council members present, Mayor Swanson directed that the matter be placed on the Hold Agenda for clarification by the City Attorney and additional.information as it becomes available. DESIGNATION OF COUNCIL MEMBER TO COUNTY/CITY SELECTION COMMITTEE 800 The Mayor reported that Councilman Heinsheimer, delegate to the County/City Selection Committee, is out of the country and would not be available to attend the meeting on December 6. She asked Councilman Pernell, who is alternate delegate, to attend the meeting if possible to represent the City. SOUND EQUIPMENT IN COUNCIL CHAMBER 850 Mayor Swanson suggested that the $1,000 cash gift to the City from a resident, Richard Colyear, be used to replace the sound equip- ment in the Council chambers. Councilman Pernell suggested that the Manager ask Mr. Bob Mohr of Advance Electronics to look at the system and make recommendations. -5- M'' November 26, 1979 FIRE FLOW REPORT 872 The Manager reported that the Fire Flow Report will be ready for presentation to the Council at the first meeting in December. DECEMBER MEETINGS The Council agreed that only one meeting will be scheduled in December, since the date for the second regular meeting is December 24. The Mayor said that -::if :: it :=.is necessary s : a ::.special meeting will be called in addition to the regular meeting on December 10. SUBDIVISION PROCEDURE 881 The City Attorney asked whether the Council wished to continue to require a full subdivision for division of property, including a tentative and final map, or if they wished to consider an alternative procedure and permit division of land by parcel map. In discussing the matter, the Council agreed that they could lose control over division of land by changing the procedure, and they agreed to adhere to the present procedure in order to retain control. TRANSFER OF LIEUTENANT THURNER 902 Mrs. Clifton reported that Lt. Walter Thurner has been transferred from Lomita Sheriff's Station in a lateral move. Councilman Pernell suggested that a letter be written to Lt. Thurner, with a copy to Sheriff Pitchess, thanking Lt. Thurner for his outstanding service to Rolling Hills while stationed at Lomita. The Council agreed that Lt. Thurner should receive a city plaque appropriately engraved, and a Rolling Hills book from the Council as a token of their appreciation. INTEGRATED TRAFFIC CONTROL - 918 A computer print-out provided by the California Highway Patrol showing a breakdown of traffic accidents by location and cause was presented to the Council. The Manager said she would request that the print-out be corrected to eliminate streets not in Rolling Hills. TENNIS COURT REPAIR 927 Mrs. Clifton said she and the Mayor inspected the tennis court in response to requests from the Tennis Club, and they saw that the con- crete is pulling away from the light standards, and the post is bending and will have to be cabled or winched. The Manager said repairs will be made in a few days. In response to questions by the Council, Mrs. Clifton said she has not been able to reach Mr. Gene Mako, the con- tractor who built the courts, and it is her understanding that he has moved out of the state. EXECUTIVE SESSION Mayor Swanson recessed the meeting to 10:25 to discuss litigation. The meeting the Mayor said Mr. Kinley would defend the filed by Mrs. Dorothy Ku-hne in the matter subdivision, and the Community Association independent counsel. PERSONNEL SESSION an Executive Session at was.reconvened at 10:45, and City in pending litigation of the Chacksfield-Merit would be advised to seek The meeting was recessed to a Personnel Session at 10:45, and reconvened at 11:25. Mayor Swanson said that Management objectives for the coming calendar year and defining the duties of the staff were discussed at the session, and she said Councilmen Crocker and Pernell would meet with the Manager, and another Personnel Session would be held after the next meeting. ADJOURNMENT Mayor Swanson adjourned the meeting at 11:30 P.M. APPROVED: QJMayor -6- Mayor