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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.
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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
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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
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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
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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.
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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:
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City Clerk
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