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9/15/1980CD 0 a Q 415 MINUTES OF AN THE " eF -:V ML. CITY OF ROLLING HILLS, CALIFORNIA September 15, 1980 An adjourned meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at the Administration Building, 2 Portuguese Bend Road, Rolling Hills California at 7:30 PM Monday, September 15, 1980. ROLL CALL PRESENT: Councilmembers Crocker, Pernell, Rose, Swanson Mayor Heinsheimer ABSENT: ALSO PRESENT: CALL TO ORDER None Rolling Hills Community Association Board Members Bray, Hesse, Shaw, Stringfellow Teena Clifton A. B. Stephenson William Kinley June Cunningham Mrs. K. Andrews R. Barth Dr. D. Borden Dr. L. David Mr. & Mrs. E. Doak Dr. J. Frey R. Frey Mr. & Mrs. H. Gelles Miss C. Gelles F. Hartwig Mrs. J. Heinsheimer Dr. & Mrs. R. Hoffman Dr. L. Kelly M. Langer Mrs. M. Lean R. Melbye Mrs. C. Partridge Dr. A. 'Pedersen N..Pedersen Dr. J. Po R. Raine A. Russell R. Shifman H. Slusher Mrs. D. Tielens Dr. K. Tokita Mrs. M. Wagner Mr. & Mrs. K. Watts A. Weber R. York City Manager Association Manager City Attorney Deputy City Clerk Residents Mayor Heinsheimer explained that the meeting was adjourned from -- the regular City Council meeting on September 8, and would-be conducted as a joint meeting of the City Council and Board of Directors of the Rolling Hills Community Association. The Mayor said the meeting would be taped, and the tapes would be available for residents who wished to listen to them. The meeting of the Board of Directors was called to order by President Bray. POSSIBLE LAND MOVEMENT IN THE FLYING TRIANGLE AREA 20 . Mayor Heinsheimer.advised residents that in accordance with a request by the Council at the last meeting, the City Manager wrote a letter of inquiry to the County Geologist on September 11, 19801 asking four specific questions pertinent to land movement in the Flying Triangle area. 'In a letter dated September 12, 1980 Mr. Arthur Keene, County Geologist, addressed each of the questions. The Manager distributed packets to each resident present which contained copies of both letters. 416 September 15„ 1.980 With regard to reasonable load limit for vehicles using Portuguese Bend Road, Mayor Heinsheimer asked members of the Council and Board of Directors to comment on a proposed 15 mile per.hour speed limit on the road, which would appear to be compatible with the geologist's technical recommendation regarding continued use of the road. Mrs. Clifton said there is presently a 15 mph curve advisory sign on Portuguese Bend Road in the vicinity of Ranchero Road, and based on Mr. Keene's recommend- ation that speed limit be given more emphasis than load limit, the Manager recommended that Portuguese Bend Road south of Crest Road have a speed limit for traffic in both directions. Mr. Kinley said the speed limit should be imposed by an urgency ordinance which would amend the Traffic Ordinance. Councilwoman Swanson suggested that in addition to the speed limit sign, consideration be given to an addi- tional sign warning of a temporary hazard. Dr. Bray said care should be exercised in the wording of any signs, because of possible adverse impact on property values in the area. Director Hesse suggested that residents be advised of the amended speed in the Newsletter. The City Attorney was requested to draft an Urgency Ordinance amending the Traffic Ordinance by imposing an absolute speed limit of 15 miles per hour on Portuguese Bend Road south of Crest Road. With regard to Question No. 41Mr. Keene said it was his opinion that swimming pool water will not be lost suddenly, and he recommended that pool owners carefully note any tilting of the pool and report it immediately. Councilman Pernell asked whether any additional monitor- ing by staff should be implemented. Mr. Kinley recommended that the Council should follow Mr. Keene's recommendation that it should be left to the individual prop_e.rty owner.. In a memorandum to the City Council dated September 15, 1980 Mrs. Clifton advised that as instructed by the City Council she contacted Dr. Perry Ehlig regarding employment by the City as a consultant to review the reports which will be developed by the County's Geology section. Dr. Ehlig has indicated that he would work with the City in a research capacity, and she recommended that the Council authorize her to employ Dr. Ehlig in that capacity, and to advise Mr. Keene of the decision. Councilwoman Swanson asked whether the level of service would be affected by Dr. Ehlig's offer to work in a research capacity for little or no fee. Mrs. Clifton explained that Dr. Ehlig is well known in the field, and as a professor teaching at a local university, he is permitted to do a certain amount of geological research. Further, the Manager said Dr. Ehlig said he would prefer to work in that capacity. Councilman Rose moved that the Council engage Dr. Ehlig as a consultant to review and critique reports submitted by the County's Engineering Geologist. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Rose, Swanson Mayor Heinsheimer NOES: None ABSENT: None Residents were asked to submit questions in writing to be forwarded to Dr. Ehlig, with regard to concerns about the problems in the Flying Triangle. Written questions were submitted to Councilman Crocker. Director Shaw asked about Dr. Ehlig's services in connection with the Abalone Cove landslide. Mrs. Clifton said he is working with the residents of Abalone Cove as a research consultant, and with the City of Rancho Palos Verdes as a consultant for Robert Stone and Associates. Councilman Pernell said the Manager contacted Mr. Keene prior to con- tacting Dr. Ehlig, and Mr. Keene indicated he would welcome review of the County reports by Dr. Ehlig. Director Bray asked whether Dr. Ehlig's opinion of the stability of other areas of the City could be included in his work with the community. Mayor Heinsheimer said all questions should be submitted to the staff or to Councilman Crocker, who has responsibility as the Council's liaison member with Dr. Ehlig and the City of Rancho Palos Verdes in all areas pertaining to geology. -2- September 15,1980. Mayor Heinsheimer opened discussion of a'letter dated September 8 from the City Attorney regarding methods of financing solutions to the suspected land slide, and he advised residents that the remedies in the letter were addressed to the City only, since the remedies avail -- able to the Community Association differ lin. same respects. . . Mr. Kinley addressed the meeting and said the City does not assume any responsibility for the land movement, which is a natural phenomena and was not accelerated by any City projects. The Rolling Hills Com- munity Association controls the easements consisting of the roads, but owns no land in the area, and their scope of activity in the area has been limited to re -surfacing the roads, with no grading or other acti- vity which could incur any negligence. Mr. Kinley said the Association has more leeway than the City in borrowing funds on a long-term basis if necessary in connection with the project, or the Association could assess additional sums of money under the Deed Restrictions, which would have to be assessed on an equal basis to all parcels of real property. Captain Roy Melbye, 4 Wrangler Road,said he considers that the City and Board are responsible because they issued permits for build- ing in the area. He suggested that the City should pay for damages, with affected.owners paying their share.. Mayor Heinsheimer explained that because of the limitations of Proposition 13, only certain methods for raising money are available to the City. Director Bray asked if there was a precedent for payment, specifically Bluebird Canyon in Laguna. Mr. Kinley-said that initially federal funds were available, but have been depleted, and the matter is now in litigation. Council- man Crocker said damage to property values is a serious problem, and -to take no action and let each land owner Pay whatever costs are neces- sary to repair or otherwise -stabilize his property would cause more problems. Since the Community Association controls the road on the easement, he said that because it-is.aVital access road to the problem area'and has to be -maintained -as -a matter of health and safety, a governmental agency will have to take care of the matter, and it was ,his opinion that technically it should be the Community Association. Councilman Crocker said that an effort by an individual owner to pro- tect his property might be detrimental'to other properties or to the access road. Because the Community Association has more leeway in raising money, and will have a general meeting in January,'Councilman Crocker said that as a private citizen he would be in -favor-of parti- cipating in the remedy as a member of the Association, to 'correct the problem if possible and preserve property values. President Bray said that he agrees with Councilman Crocker, and he said that maintenance and salvage of the road is a primary concern of the Board of Directors. Dr. Arthur Pedersen, 4 Runningbrand Road, said he has lived in the Flying Triangle for 30 years, was a resident before the Portuguese Bend landslide, and he is concerned about continued attempts to sub divide land and develop properties in the Flying Triangle Extension. Mayor Heinsheimer said subdivisions have been approved and permits were issued basedonexpert opinion that geology was not a -problem. Mr. Major Langer asked Mr. Kinley whether the slide is considered a natural phenomena; Mr. Kinley said he has been informed that.that is so, but he does not know. He suggested that the question be asked of the geologist. Mr. Ken Watts, 1 Wrangler Road, repeated his request made at the meeting on September 8 that the name Flying Triangle Landslide be changed to a more specific name and location, because of possible damage to property values in the Flying.Triangle. Director Bray agreed that the connotation could be detrimental to the -area, and he suggested that -in addition widespread circulation of information in the Newsletter be avoided. Mayor Heinsheimer said that a reading file is available for anyone who wishes to come to the City Hall to refer to it; he agreed that care should be used in publicizing the data. Dr. Laurence David, 5'Ranchero Road, asked whether the City or Association has liability insurance to cover damage resulting from issuance of'building permits. 'Mr. Kinley said the City carries in- surance which would cover damage resulting from negligence, but it would not be applicable if. the City issued permits based on expert information that the land was stable.. Members of,the Council agreed that because of built in safeguards pertaining to building permits, it does not appear that negligence could be established asla.c.ause. -3- 41s September 15, 1980 Councilwoman Swanson said she is concerned because the discus- sion is being applied to the entire Flying Triangle area, when in fact Mr. Keene referred to only a small area shown on -the map, which includes only a few properties. Councilwoman Swanson said further that Mr. Keene had indicated that there was no indication that there was a widespread emergency in the Flying Triangle, and she requested that the City Manager be asked to get Mr. Keene's comments in writing about the extent of the problem and emergency status. Dr. Jurg Frey, 52 Portuguese Bend Road, said that in addition to the proposed 15 mile per hour speed limit, trucks should be eliminated because vibration from trucks can be felt in homes. Mrs. Dorothy Tielens, 3 Wrangler Road, asked that the circle shown on the map be changed to include only the homes that are affected by the land movement. Mrs. Clifton explained that the circle is not an arbitrary outline; it shows the area limits of the ancient landslide which was mapped in 1970 as a stable ancient slide area. Director Stringfellow said alerting a large area causes emotionalism and he suggested that only owners of the properties affected should be involved at this time. Mayor Heinsheimer said that since Portuguese Bend Road provides access to the entire area, all residents in the Flying Triangle could be affected. Mr. Edmund Doak, 56 Portuguese Bend Road, said that cracks are widening, and he asked whether they would be sealed before the rainy season. Mayor Heinsheimer referred to the first portion of Mr. Keene's September 12 letter in which he stated that the road cracks can be filled with blacktop at any time and must be filled in before the next impending rainstorm, but since they do not pose a traffic hazard or a viable nuisance at this time it may be most propitious to leave them open for further observation of rate of movement. Councilman Crocker asked Mr. Kinley who is responsible for drainage in the area. Mr. Kinley said the culvert was put in before the City was incorporated' and as each property was developed drainage was installed on a private basis as recommended to the resident by the individual engineer. It was Mr. Kinley's recommendation that the City not be involved with the drainage. Mrs. Cathering Partridge, 69 Portuguese Bend Road, said that a County Flood Control project on Crest Road channeled water into the Flying Triangle. Dr. Kenneth Tokita advised the Council that he is in danger of losing the financing on his property located at 64 Portuguese Bend Road, and he has been advised that if the loan is withdrawn because of a landslide involving his property he will not be able to get a - loan on the property in the future. Dr. Tokita asked that he be per- mitted to proceed with his construction to keep his current loan active. He said that trenching has been done, and he asked permission.to have the forms put in. ...Councilman Rose moved that Dr. Tokita be permitted to have the forms put in, since the lumber has been delivered and is on the property. Councilman Crocker seconded the motion. Mr. Kinley said he had a discussion with Dr. Tokita's attorney about signing a covenant in connection with the permission to proceed and Mr. Greenberg said Dr. Tokita did not wish to sign anything that could cloud the title to his property. Councilman Crocker said he would be willing to permit Dr. Tokita to proceed without signing such a covenant. Councilman Pernell said he was concerned that conditions might change, and that additional work would be done which could ad- versely affect the property. He suggested that as a safeguard a letter be required from Dr. Tokita specifying exactly what would be done. Dr. Tokita said he would be willing to write a letter for the City files stating that he would not proceed unless he was assured that there was no problem with the geology, but he did not wish to sign anything that would be recorded against his property. Dr. Tokita said he will not build on the site if there is an indication that the land is not stable. Councilwoman Swanson asked Dr. Tokita whether the geology report for his property indicated that the land was stable, and Dr. Tokita said he had two geology reports which indicated that the land was stable. The motion approving additional work on the Tokita property was carried by the following roll call vote: NO C September 15, 1980 AYES: Councilmembers Crocker, Rose, Swanson Mayor Heinsheimer NOES: Councilman Pernell ABSENT: None Councilman Rose suggested that Dr. Tokita advise his contractor .that the permission was for installation of forms only, -and not for pouring concrete. Dr. Tokita agreed to do so. Mr. Major Langer, 1 Runningbrand Road, said that approximately two years ago he wrote a letter asking that sewers be considered for the Flying Triangle. He said that in making a study all relevant factors should be considered. Councilman Crocker asked Mr. Langer to. present in writing all his questions and suggestions to be submitted to Dr. Ehlig. RECESS 537 Mayor Heinsheimer recessed the meeting.at 9:20 P.M. The meeting was reconvened at 9:50 P.M. URGENCY ORDINANCE NO. U-44 CHANGING ABSOLUTE SPEED LIMIT -PORTUGUESE BEND RD.E Councilwoman Swanson read into the record Urgency. Ordinance No. U-44 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS CHANGING THE ABSOLUTE SPEED LIMIT ON PORTUGUESE BEND ROAD SOUTH BY AMENDING ORDINANCE NO. 116 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA REGULATING TRAFFIC WITHIN SAID CITY AND REPEALING ORDINANCE NOS. 1 AND 16 AND ALL OTHER ORDINANCES IN.CONFLICT THEREWITH". Ordinance- was adopted on a motion made by Councilman Crocker,seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose, Swanson Mayor Heinsheimer NOES: None ABSENT: None The City Manager was directed to notify the.Sheriff of the new absolute speed limit and.request that it be enforced. RECESS TO LITIGATION SESSION The meeting was recessed to a litigation session at 9:55 P.M. ADJOURNMENT The meeting was adjourned at 10:00 P.M. APPROVED: &-Mayor -5- City Clerk