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2/9/1981LD' . CD O Q� Q Q 0 M, MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 9, 1981 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 Heinsheimer at 7:30 P.M. NMonday, February 9, 1981. ROLL. CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Crocker, Pernell, :lose, Swanson Mayor Heinsheimer None Teena Clifton William Kinley June Cunningham K. Palmer N. Palmer Mrs. J. -Donner Mr. & Mrs. E. Doak Dr. & Mrs. M. Goldberg Mrs. P. Hathaway Mr. & Mrs. W. King Mrs. G. Leeuwenburgh Mrs. S. Ormsby A. Weber Mrs. E. Witmer City.Manager. City Attorney Deputy City Clerk Architect Architect League of.Women Voters Residents Councilwoman Swanson moved that the minutes of the meeting on January 12, 1981 be approved and accepted as corrected. The motion was seconded by Councilman Pernell and carried by thefollowing roll call vote: AYES: Councilmembers Pernell, Rose, Swanson Mayor Heinsheimer NOES: None ABSENT: None ABSTAINED: Councilman Crocker REORGANIZATION OF CITY COUNCIL . 24 Mayor Heinsheimer announced that the City Council would reorganize, and he opened nominations for Mayor. Councilwoman Swanson moved that Councilman Crocker be named Mayor and that Councilman Rose be named Mayor pro tem. Councilman Pernell seconded the motion and moved that nominations be closed. The motion to close nominations was seconded by Councilwoman Swanson. Nomination of Councilman Crocker as Mayor and Councilman Rose as Mayor pro tem was confirmed by unanimous vote of the Council and Mayor Crocker was 'seated. On behalf of the Council, Mayor Crocker thanked Councilman Heinsheimer for his service to the City in his capacity as Mayor. FINANCIAL'STATEMENT 30 The Financial Statement for December 1980 was approved and accepted on.a motion made by Councilwoman Swanson, seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None 470 February. 9, 1981 PAYMENT OF BILLS 35 Councilman Pernell moved that Demands No. 9389 through 9436, with the exception of Demand No. 9413, which is void, be approved for payment in the amount of $16,997.59 from the General Fund, and that Demands No.9437 through 9440 in the amount of $8,079.77 be approved for payment from the Fire and Flood Self Insurance Fund. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None GEOLOGY REPORT UPDATE 72 Mayor Crocker opened discussion of the Flying Triangle landslide and he asked the Manager to discuss her correspondence to the Council on February 6, including copies of letters from A. G. Keene, County Geologist and from C. G. Nollenberger, District Manager of California -Water Service Company, both dated February 3, 1981; a letter dated January 30, 1981 from Douglas E. Moran, Inc. to Robert Shifman, and a letter dated February 6, 1981 from Marvin Lowe, Regional Engineer. Mrs. Clifton advised the Council that she met with representa- tives of the County Geology Department and with Dr, Perry Ehlig, and it was the consensus of the geologists that additional information is needed regarding the western perimeter of the slide area, and the area where the slide is "daylighting out". The information -would be neces- sary for design of shear pins, which were recommended as a possible solution to the problem, and Mrs. Clifton said residents of properties have agreed to having additional borings and trenches on their properties The Manager said she wished to request additional funding if the addi-'. tional work is approved by the Council. With regard to water.service in the area, Mrs. Clifton said that Mr. Nollenberger has advised that the Preliminary Geological Investi- gation of the Flying Triangle Landslide by Los Angeles County has been reviewed by the engineeringdepartment of California Water Service Company, and the matter of placing water lines above ground has been carefully considered. He said that from the standpoint of the report and the history of four main.breaks since September 25, 1980, the cost of placing water lines above ground cannot be justified. Mr. Nollen- berger explained that above ground lines are usually smaller diameter lines, and fire service would be greatly diminished. He said the 4" main in Ranchero Road, which has ruptured twice, will be abandoned, and service will be provided by an existing parallel 6" main. Mr. Nollenberger asked that he be kept informed of any changes that take place in the slide area, and particularly of what action is taken with regard to the County Engineers' recommendations. Mrs. Clifton said she was disappointed by the Water Company's reluctance to change the installation, and she would again bring to Mr. Nollenberger's attention the letter dated October 15, 1980 from the County Engineer re: Corrective Measures to Improve Surface Drain- age and to Prevent Infiltration of Free Water Into the Flying Triangle Landslide Complex. Mrs. Clifton said the Water Company has responded promptly to notification of problems in the area, but in one case the break was not detected for some time, and she is concerned about dam- age which could result from such undetected breaks. Mayor Crocker said California Water Service should be advised in a letter of the request, to insure that they understand the potential risk before making a final decision not to relocate the lines. Councilman Rose concurred with the suggestion. Councilman Pernell suggested that the County Engineer be asked to address the matter specifically, and that their response be forwarded to the Water Company. Mayor Crocker said he wished to ask that the City Attorney contact the Water Company after receiving the County Engineer's response,'advising them of their legal responsibility in'the matter, and the liability which could result, and asking them to reconsider their decision not to relocate the water lines. -2- co 0 Q Q Q 471 February 9, 1981 The recommendation of the geologists that additional borings and trenches be dug was discussed, and Mrs. Clifton said that to do the work as recommended, including shoring and fencing the excavations for protection, would cost approximately $10,000. Mayor Crocker said Lloyd Mokler, president of the Board of Directors, called him to say that he received the material sent to all members of the Board and Council, and that he and the Board members concurred with the recom- °Mendation and would approve paying half of the cost of the work. Councilman Rose moved that the expenditure of $10,000, with half of the cost to be reimbursed by the Community Association, be approved. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None. ABSENT: None Mayor Crocker advised residents who were present in connection with the discussion that the Council would attempt to reach a decision about what action will be taken within a few weeks, in concert with the. Community Association. The Mayor said the matter would be discussed in a litigation session, and he said further that the money which was authorized would be withheld until the City Attorney determines, from .the standpoint of waivers, that the City is protected and that addi- .tional drilling would not result in liability for the City. DR. MARTIN GOLDBERG; LOT 92-2-RH, PINE TREE LANE 197 Mayor Crocker opened discussion of approvals given by the Planning Commission on October 21, 1980 of a request by Dr. Martin Goldberg, owner of Lot 92-2-RH located on Pine Tree Lane, for a variance of Grading Regulations and Front Setback Requirements for construction of a residence. On October 27, 1980 the Council voted to take juris- diction in the matter, and it was held on the agenda at the request of the architect for submittal of additional information. Copies.of a letter dated February 2, 198.1 from Neil Stanton Palmer, architect for Dr. Goldberg, outlining the changes'.which have been made in the plan, and the Report of Geotechnical Investigation, Pro- posed Residential Construction, Lot 2, Tract 28594, prepared by Lockwood -Singh And Associates, dated February 5, 1981 were distributed to the Council. Mr. Palmer advised the Council that when Dr.. Goldberg purchased the property 1 1/2:1/grading.was.permitted, instead of the present.relluire- ment of 2:1, and the front setback requirement was 30 feet, instead of 50 feet presently required. Mr. Palmer said the original plan was modified at the request of the Planning Commission, which then approved the requested variances; however, the resulting importation of soil was not approved by the Architectural Committee. Mr. Palmer said a new plan has been designed, which combines the relocation of the pool, as requested by the Planning Commission and balanced cut and fill, as required by the Architectural Committee. In his letter Mr. Palmer outlined ten major compromises, and advised the cost of construction has been increased by approximately $125,000 by the changes. In discussing the matter members of the Council agreed that if the geology is safe, the other matters are esthetic in nature, and that the size of the house and the proposed development is compatible with other development in the community. The Manager was directed to send a copy of the Lockwood -Singh report to the County Geologist with a request for his comments in writing. Mayor Crocker asked that the matter be placed on the hold agenda, and that it be returned to the regular agenda when the County Geologist has responded. ANTENNA AND TRANSMITTER SITE 330 Mayor Crocker advised the Council that he had discussed the antenna and transmitter site with the City Attorney, and because of the question of proper notice to residents within 500 feet, they had agreed that the -3- 472 February 9, 1981 matter should be sent back to the Planning Commission for consider- ation, and determination of whether the matter should be heard again, with legal notice sent to residents in the area. Councilman Heinsheimer said that the matter was brought before the Council by Mr. William King, 92 Crest Road East, because of his concern about the safety of the structure, and it was his opinion that the unsafe condition should not be permitted to remain unless Mr. King was willing to hold the City harmless from damage resulting from the delay. Councilman Heinsheimer moved that the Council either grant a permit.for the structure based on the plans submitted for improved safety, or require that Mr. King execute a "hold harmless" agreement while the matter is referred back to the Planning Commission for consideration. Councilman Heinsheimer said that if the building permit is approved by the City Council the safety issue would be resolved. The Conditional Use Permit was issued by the Planning Commission and if the matter is referred back, the Commission can review the conditions of the permit; he said the lease between Advanced Electronics and the Com- munity Association is also under attack, and should be reviewed by the Board of Directors. Mayor Crocker asked Mr. King to comment on the matter. Mr. King said he was advised by phone that the matter would not be considered by the Council, but would be referred to the Planning Commission. He said that he is interested in having the poles removed, and since his attorney is not present, he asked that the matter be delayed. The. Council agreed that Mr. King should be represented by his attorney during the discussion, and that Mr. Bob Mohr and his attorney should also be present during discussions of the installation. Councilman Rose moved that the matter be referred to the Planning Commission for review of the Conditional Use Permit, and that action by the Council on the question of safety be delayed until the next Council meeting. Councilwoman Swanson seconded the motion. Council- man Heinsheimer said that at the meeting on.January 12 approval of "as built" plans was postponed to give the City Attorney an oppor- tunity to explore the legal issues and advise the Council, and he said no different action should be taken until the action which was postponed is resolved. Councilman Rose withdrew his motion and Councilwoman Swanson withdrew her second, and Mayor Crocker said the matter would be held until the next.meeting for action on the motion made on January 12, 1981 which was postponed. The Mayor said that il' Counsel can agree or; the appropriate language on the safety issue, the Council, pursuant to that, would propose to refer the entire matter to the Planning Commission for consideration of the Conditional Use Permit using the "as built" plans. Mayor Crocker asked that members of the Council signify their concurrence with a roll call vote, which was recorded as follows: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Mr. King advised for the record that his attorney is Mr. Fred Gregory of the firm of Gibson, Dunn and Crutcher, 515 South Flower Street, Los Angeles. Mayor Crocker advised Mr. King that Mr. Kinley`s legal opinion, which he has prepared at the request of the Council, will be discussed in the litigation session, and will be released only if the Council concurs after the litigation session. EARTHQUAKE EMERGENCY PREPAREDNESS 619 Councilwoman Swanson asked that her report on Earthquake Emergency Preparedness for Rolling Hills and the Palos Verdes Peninsula be postponed until the next meeting. The Mayor so ordered. 473 February 9, 1981 LEAGUE OF CALIFORNIA.CITIES PRESIDENT'S APPOINTMENT, COUNCILWOMAN SWANSON Councilwoman Swanson advised the Council that she has been appointed by the president of the League of California Cities to serve on the State Policy Committee on Transportation, and she asked that the Council support the appointment and approve occasional trips out of town. The Council gave unanimous support, and also congratulated Councilwoman Swanson on being selected Citizen of the Year by the Palos Verdes Chamber of Commerce. DIAL = A -'RIDE 630 Councilwoman Swanson reported that. all agreements for the Dial - A - Ride program on the Peninsula have been signed, with Rolling Hills Estates as the lead agency. She reported that in the first month of operation more than 140 persons registered and more than 900 tickets were sold. TRAFFIC COMMISSION APPOINTMENT 635 CO Councilwoman Swanson reported that the three applicants for an CO appointment to the Traffic Commission were interviewed; and she Q moved that Mrs. Kim Sawyer be appointed. The motion was seconded by Q Councilman Pernell, .who participated in two of the interviews. The Q motion was carried by the following roll call vote: Q AYES:' Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Councilman Pernell said the term of the appointment is for two years, and he asked that letters be sent to.Dr. Paul Dergerabedian and Mr. Jerry Sass, thanking them for their interest in the appoint- ment. HEALTH INSURANCE BENEFITS FOR -STAFF 647 In a memo to the Council dated February 6, 1981 the Manager advised that the Peninsula cities and Lomita are considering a joint health insurance program for employees that would result in increased benefits at a lower cost. The Manager was authorized to continue to pursue the information on behalf of.the City. BUGGY WHIP RIDING RING CONSTRUCTION 649 The Manager advised that Dr. Larry Kelly, President of Caballeros has agreed on behalf of Caballeros to provide additional funds re- quired over the $8,800 in the Equestrian Fund in the Budget, if necessary, for completion of the riding ring on Buggy Whip. The Manager was authorized to work to complete the project. RESOLUTION NO. 456 - ANIMAL SHELTER CONTRACT 650 Councilman Rose moved that Resolution No. 456 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS EXTENDING THE CONTRACT TO PROVIDE ANIMAL SHELTER SERVICE BY THE COUNTY OF LOS ANGELES FOR THE YEAR COMMENCING JULY 1, 1981 AND ENDING JUNE 30, 1985 be adopted, and that reading in full be waived. The motion was seconded by Mayor Crocker and carried by the following'roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None -5- 474 February 9, 1981 RESOLUTION NO. 457 - TRACT AND PARCEL MAP CHECK CONTRACT Councilman Rose moved that Resolution No. 457 entitled A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING TRACT AND PARCEL MAP CHECK be adopted, and that reading in full be waived. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None RESOLUTION NO. 458 - REQUESTING ESTIMATE OF ASSESSED VALUATION Councilwoman Swanson moved that Resolution No. 458 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REQUESTING THE ASSESSOR OF LOS ANGELES COUNTY TO FURNISH THE CITY- OF ITYOF ROLLING HILLS AN ESTIMATE OF ASSESSED VALUATION OF ALL PROPERTY WITHIN ITS JURISDICTION 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: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None CALIFORNIA CONTRACT CITIES ASSOCIATION - FIRE INSURANCE PROPOSAL 661 Mayor Crocker ordered a letter dated February 2, 1981 from California Contract Cities Association regarding a Fire Insurance Proposal received for the file. REPORT OF MEETING WITH COMMUNITY ASSOCIATION REPRESENTATIVES 666 Councilman Pernell reported that he and Mayor Crocker met with representatives of the Boara of Directors and discussed matters of mutural interest and concern, including management of the two organ- izations and the geology problems. Mayor Crocker said an effort is being made to resolve some of the differences in philosophy. The Manager requested that it be made a matter of record that she has requested approval by the City Council and the Board of Directors before City staff spends additional time working on matters which are properly within the jurisdiction of the Community Association, speci- fically excavation permits and road inspections, gate control mechanisms. Councilman Pernell said he has asked the City Manager to develop a pro- cedure to be submitted to the Board and to the Council, covering such services, which include safety matters. Mrs. Clifton suggested that the Community Association be requested to submit a proposal for certain services which would be provided by the City, including inspection of excavations, road work and maintenance of loop detector devices at the gates, and that the proposal include a method of reimbursing for the I services, including staff time. LITIGATION SESSION 756 Mayor Crocker adjourned the meeting to a Litigation Session at 9:50 P.M. The meeting was reconvened at 10:30 P.M. and Cbuncilman Heinsheimer moved that the Council authorize an expenditure of up to $10,000 to hire the legal firm of O'Melveny & Myers for purposes of litigation and investigations, and that the Mayor and the City Attorney be authorized to manage the contract for the services of providing an opinion as to the potential liability of the City with respect to various alternatives in connection with the Flying Triangle landslide. Sm February 9, 1981 The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None PERSONNEL SESSION The meeting was recessed to a Personnel Session at 10:35 P.M. ADJOURNMENT Mayor Crocker reconvened the meeting. Councilman Rose moved that the meeting be adjourned. The motion was seconded by Council- woman Swanson and carried unanimously. APPROVED: -7- City Clerk 475