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