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3/9/1981484 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA March 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 Crocker at 7:30 P.M. Tuesday, March 91, 1981. ROLL CALL PRESENT: Councilmembers Heinsheimer, Swanson, ABSENT: Councilmen Pernell, Rose ALSO PRESENT: Teena Clifton William Kinley June Cunningham L. Amerine S. Arnold Dr. W. D. Basque Mrs. C. Bennett J. Brogdon L. Brown Mrs. K. Borden Mr. & Mrs. T. Cipolla Dr. L. David. Mr. & Mrs. E. Doak Mr. & Mrs. L. Fain Mr. & Mrs. M. Goodman Mrs. L. Gelles R. Gray Mrs. S. Henke Mrs. F. Hummel Dr. & Mrs. R. Hoffman Dr. L. Kelly M. Langer Mr. & Mrs. E. Lyle Mrs. J. Murdock R. Nahrwold Dr. J. Po N. Pedersen Mrs. E. Pedersen C. Raine Mrs. B. Raine J. Roe Mrs. L. Ryan Mrs. S. Tyndall Mr. & Mrs. G. von Mueffling Mrs. M. Wagner Mrs. C. Watts A. Weber J. Welbourn APPROVAL OF MINUTES 805 Mayor Crocker The minutes of the meeting on February 23, 1981 were approved and accepted as corrected on a motion made by Councilwoman Swanson,.secon- ded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Pernell, Rose PAYMENT OF BILLS 825 Councilman Heinsheimer moved that Demands No. 9462 through 9477 and 9478 through 9489 in the amount of $7,622.12 be paid from the General Fund and that Demand No. 9481 in the amount of $3,721.20 be 485 March 9, 1981 approved for payment from the Fire, Flood and Self Insurance Fund. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Pernell, Rose PALOS VERDES CHAMBER OF COMMERCE CITIZEN OF THE YEAR 833 Mayor Crocker said that Councilwoman Swanson was recently honored as Citizen of the Year by the Palos Verdes Chamber of Commerce, and in recognitionof the honor the Rolling Hills City Council wished to pre- sent a gift with their congratulations. The Mayor presented Council- woman Swanson with a gold pen and pencil set, engraved with her initials, and a picture of the Mayor making the presentation to Councilwoman Swanson was taken by the local newspaper representative. Councilwoman co Swanson expressed her appreciation to the Council. CO RECOGNITION OF ROLLING HILLS OUTSTANDING SENIOR CITIZEN 842 O Q A letter dated February 6, 1981 from the Department of Senior Q Citizens Affairs, County of Los Angeles, announcing the sixteenth Q Annual Countywide Older Americans Recognition Day on May 30, 1981. was presented to the Council. Mayor Crocker said he wished to recom- mend that Dr. and Mrs. Paul Saffo be nominated for the honor, since the City Manager had determined that such a dual nomination'coizld be . made. Councilwoman Swanson moved that Mayor Crocker's recommendation be approved and that the names of Dr. and Mrs. Saffo be presented to the County with the appropriate information. The motion was seconded by Councilman Heinsheimer and carried unanimously. 1980 PARK BOND ACT 849 The Manager reported that under provisions of the 1980 Park Bond Act the City of Rolling Hills is eligible to receive'a grant of $20,.000 for parkland development approved by the voters in November, 1980. The City of Rolling Hills traditionally allocates their funds to an adjoining City, and the Manager said that last year the grant was allo- cated to the City of Rancho Palos Verdes for development of Pt. Vicente Park. The City of Rolling Hills Estates has requested that this year's grant, which cannot be split between two cities, be allocated to them for completion of Dapplegray Park. RESOLUTION NO. 459 Councilwoman Swanson moved that Resolution No. 459 entitle A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHOR- IZING ITS GRANT UNDER THE CALIFORNIA PARKLANDS BOND ACT OF 1981 TO BE UTILIZED BY THE CITY OF ROLLING HILLS ESTATES be adopted, and that reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Pernell, Rose APPROVAL OF WATER SYSTEM, RELEASE OF WATER SYSTEM AGREEMENT, TRACT 31906 871 In a letter dated February 19, 1981 from the Department of County Engineer -Facilities, the City Engineer reported that the water system for Tract 31906 has been completed in accordance with the plans and specifications on file and the fire flow was tested to the satisfaction of the Fire Chief. The Engineer recommended that the Council find that all work has been completed as required by the Subdivision Water System Agreement, release the Subdivision Water System Agreement between the -2- March 9, 1981 City of Rolling Hills and Robert and Marilynne Stander, 11 Saddleback Road, subdividers of Tract No. 31906, and reduce the assignment of shares on deposit with Imperial Bank, 21200 South Hawthorne Blvd., Torrance, by $4,000. The Manager reported that this a routine recom- mendation as subdivision improvements are completed. Councilwoman Swanson moved that the recommendations of the City Engineer be accepted by the Council. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None I ABSENT: Councilmen Pernell, Rose TRAFFIC COMMISSION RECOMMENDATION 880 A recommendation made by the Traffic Commission following a field trip to the southerly terminus of Portuguese Bend Road on December 2, 1980 was presented to the Council. Councilman Heinsheimer moved that the recommendation that,the sign reading ROAD ENDS, which is located at the southerly side of the Hoffman driveway at 73 Portugese Bend Road, across from the entrance to the Nahrwold driveway at 74 Portu- guese Bend Road, should be moved to the south of the Raine driveway At 71 Portuguese Bend Road, and that the street be marked halfway between the relocated sign and the sign on the southwest corner of Running Brand and Portuguese Bend Road reading DEAD END 400 FEET AHEAD;.street mark- ing to indicate DEAD END ROAD, as recommended by the Traffic Commission, be approved by the Council. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: - AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Pernell, Rose PALOS VERDES PENINSULA EDUCATION FOUNDATION. 890 In a letter dated February 20, 1981 Jeanne Jones, Administrative Director of the Palos Verdes Peninsula Education Foundation advised that the Board of Trustees of the Foundation requested that the City of Rolling Hills pass a resolution favoring,the efforts being put forth to -raise one million dollars for the schools. Councilwoman Swanson moved that the Council pass a resolution supporting the Foundation, similar to the resolution passed by the City of Rolling Hills Estates. Councilman Heinsheimer questioned whether the City should support the Foundation and he suggested that it should be supported by individ- uals rather than the City Council. Mayor Crocker tabled the motion for consideration by the full Council. RESOLUTION NO. 460 MW Mayor Crocker said that following reorganization of the Council it was necessary to appoint an alternate to the Sanitation District, and with the consent of the Council he appointed Councilman Heinsheimer moving adoption of Resolution No. 460 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF SANITATION DISTRICT NO. 5, and waiving read- ing in full. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None ABSENT: 'Councilmen Pernell, Rose -3- 487 March 9, 1981 RESOLUTION NO. 461 898 Councilwoman Swanson reported that it is time for the Dial -A -Ride program to apply for funding for the next fiscal year, and she asked that the Council adopt a resolution similar to one adopted last year, designating Rolling Hills Estates as the lead agency in applying for funding. Councilwoman Swanson -moved that Resolution No. 461 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHOR- IZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF ROLLING HILLS ESTATES APPOINTING THE CITY OF ROLLING HILLS ESTATES AS THE LEAD AGENCY IN APPLYING FOR AN ARTICLE 4.5 COMMUNITY LEVEL TRANSIT CLAIM FOR PROVIDING A COMMUNITY LEVEL TRANSIT PROGRAM FOR SENIOR CITI- ZENS RESIDING IN THE CITY OF ROLLING HILLS 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, Swanson, Mayor Crocker NOES:. None co ABSENT: Councilmen Pernell, Rose co 0 EARTHQUAKE PREPAREDNESS 910. Councilwoman Swanson reported that at the direction of the Council she contacted other cities on the Peninsula regarding development of a 4% plan for emergency action in the event of an earthquake.' She received replies from two of the cities advising that emergency preparedness - plans are coordinated in the South Bay by'the Area 11G" Disaster Pre- paredness Council and its full time coordinator, and the local programs a* are coordinated by the Sheriff's Departmen't.oper at from the Lomita, Sub -station. Because all plans are updated per iodi cal ly-through Area 11G11 it was the consensus that a meeting between cities is not needed. , Mayor Crocker asked the City Manager to comment. Mrs. Clifton said there is a lot of good information available in publications which should be provided to members of the community for use in-an'emergency, including instructions about how to turn off utilities, and she would give the information to CouncilwomanSwansonfor review. The Mayor so ordered. PROPOSED AMENDMENTS TO ZONING ORDINANCE, 925 Planning' Commission Chairman Jody Murdock addressed the, Council and advised that at the next meeting the Planning Commission will re- view and discuss proposed amendments totheZoning Ordinance. She asked that the Council review the proposed am mobile especially in connection with recent legislation mandating mobile homes and afford- able housing, which becomes effective on July 1, 1981. Mrs. Murdock said the amendments have been prepared by Regional Planning and have been reviewed by the City Attorney and the Planning Advisor. Mayor Crocker asked that the changes be summarized for the Council by Mr. Kinley, And that after discussion by the Planning Commission the summary, the proposed amendments and the minutes of the meeting be forwarded to'the Council for consideration at the next Council meeting. ANTENNA TOWER AND TRANSMITTER SITE, . 952 Councilman Heinsheimer said that Mr. William King, owner of property located at 92 Crest Road East, was requested to sign a waiver regarding his concern about the safety of the antenna tower, and if the waiver was not signed, the motion approving a permit for the construction "as built" was to be voted on; he asked the status of the matter. Mr. Kinley reported that`'thewaiver presented was notacceptable, and he worked with Mr. King"s attorney on developing an acceptable waiver for execution by Mr. King, which has not been returned. Mayor Crocker said the matter has been deferred for consideration at the next meeting when all members of the Council will be present.. we `i6 March 9, 1981 Mayor Crocker said that at the last meeting several complaints about television reception and one complaint about activation of a mobile communication system were presented to the Council, and a letter was sent to the Federal Communication Commission by the Manager and by Mr. Mohr, president of Advanced Electronics. Councilman Heins- heimer requested that the discussion at the next meeting address two issues; whether or not the waiver on safety has been signed, and in the event it has not been signed and delivered to the City, the Council should vote on the motion to approve. The City Attorney said the wai- ver was required if the.matter is to be sent back to the Planning Com- mission. If the waiver has been executed, Councilman Heinsheimer said it would then be proper for the Council to pursue the matter of inter- ference with television reception and other complaints; Mayor Crocker agreed, and ordered the matter placed on the next agenda. DIAL - A - RIDE INFORMATION 993 Councilwoman Swanson reported that a new brochure containing information about the Dial - A - Ride Program has been printed and will be distributed to all City Halls on the Peninsula. AAUW CENTENNIAL ANNIVERSARY 1001 Councilwoman Swanson said she was contacted by the president of - the Palos Verdes Peninsula Branch of AAUW with a request that the Council proclaim March 15 - 21, 1981 AMERICAN ASSOCIATION OF UNIVERSITY WOMEN'S WEEK. Mayor Crocker said the City does not generally issue proclamations, but with the concurrence of the Council he would write an appropriate letter of congratulations. SUPPORT OF PERIPHERAL CANAL 1009 Mayor Crocker reported that he received a request from Supervisor Mike Antonovich for a resolution of support for the peripheral canal. Members of the Council agreed that resolutions should be reserved for matters affecting the City. Councilwoman Swanson moved that Mayor Crocker write a letter to the legislators supporting the peripheral canal. The motion was seconded by Councilman Heinsheimer and carried unanimously. IMMUNITY FROM LIABILITY, REPORT BY CITY ATTORNEY 1014 Mr. Kinley reported that under the provisions of Sections 866 and 867 of the Government Code, the City can take an action regarding freedom from liability for actions taken to abate a landslide if findings have been set forth as required by those Sections. Mr. Kinley presented a resolution which he prepared setting forth the findings. RESOLUTION NO. 462 Councilman Heinsheimer moved that Resolution No. 462 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DECLARING THE EXISTENCE OF A GRADUAL EARTH MOVEMENT IN SAID CITY, AND CLAIMING IMMUNITY FROM LIABILITY FOR DAMAGES RESULTING THERE- FROM, PURSUANT TO GOVERNMENT CODE SECTION 866 be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Swanson and seconded by the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Pernell, Rose UNDERGROUND UTILITIES FUND 1047 Copies of a letter dated March 2, 1981 from K. S. Avera, Southern California Edison Company, were distributed to the Council. Mr. Avera advised..that at -present there is .a balance of $14,045 available to the City to accomplish and Underground Conversion Project under Rule 20-A. Mrs. Clifton advised the -5- March 9, 1981 Council that the utility poles on Middleridge Lane South are a safety hazard because of.their location immediately adjacent to the road, and she recommended that if the Community Association, is considering paving that portion of Middleridge Lane, the Board should be asked to consider use of the available funds by making up the difference for a conversion project. In January 1981 the Edison Company esti- mated that the total project, including trenching, ducting, paving, cable and labor would cost $22,820, plus a small additional amount for installation of General Telephone Company cables. Councilwoman Swanson said she concurred with the recommendation that the poles on Middleridge South be removed, since she made a field trip to the area with the Manager and confirmed her statement that the four or five poles on the upper part of the road have been damaged by cars because of their location. Mr. Kinley recommended that the Council accept the City Manager's recommendation and forward it to the Board of Directors for consideration as part of their budget preparation. CLAIMS FILED AGAINST THE CITY, FLYING TRIANGLE SLIDE AREA 1081 co Mayor Crocker reported that claims in the amount of $8,700,000 co for property damage; $1,500,000 for personal injury, totaling $10,200,000 0. have been filed against.the City by residents in the Flying Triangle Q in order to protect them under the statute of limitations and preserve Q their rights to sue to collect the amounts from the City . Q The City Attorney recommended that the following claims -filed by: Dr. Larry and Cathleen Kelly in the sum of $1,500,000; Robert and Susan Barth, $700,000; R. A. (Alan) and Dicky Russell,.$700,000,• Laurence and Corrine David, $700,000; Anton and Marie Weber, $1,250,000; Major and Shirley Langer,.$650,000; Margaret Wagner,.$1,250,000; Kenneth and Catherine Watts, $700,000; Jim and Sonya Evans, $1,750,000; James and Marilyn Perona, Robert and Marvia Perry, and Major and Shirley Langer, $300,000 and Dr. Jonathan and Harriet Po, $700,000 be denied by action of the Council. Councilman Heinsheimer moved that the City Attorney's recommendation be accepted, and that the total claim filed in the amount of $10,200,000 be denied. The motion was seconded by Councilwoman Swanson and carried b;; the following roll call vote: AYES: Councilmembers Heinsheimer, Swanson, Mayor Crocker. NOES: None ABSENT: Councilmen Pernell, Rose Mr. Kinley said copies of the claims and the report of the Council's rejection should be forwarded immediately to the City's insurance carrier, and the Mayor directed that the information be sent by certified mail, to document the mailing. REPORT OF MEETING RE: FLYING TRIANGLE GEOLOGY 1122 Mayor Crocker asked Councilman Heinsheimer to report on the Meeting held in the City Hall on March 3, and he asked first that the City Manager • state for the record who was present at the meeting. Mrs. Clifton reported that the following persons attended: Arthur Keene, Chief Geologist for Los Angeles County; Bob Thomas, Geologist for Los Angeles County; Chuck Sudduth, Soils Engineer and Civil Engin- eer, Los Angeles County, the agency that prepared the report; Dr. Perry Ehlig, a consultant geologist hired by the City of Rolling Hills; Doug Moran and Eric Chase, geologists representing Douglas E. Moran Company; Bruce Lockwood and Awtar Singh of Lockwood -Singh Associates; Council- men Heinsheimer and Pernell; residents Dr. Larry Kelly and Harry Gelles; Mrs. Peggy Minor, Rolling Hills Community Association, and Mrs. Teena Clifton, City Manager. 490 March 9, 1981 Councilman Heinsheimer said that one of the items discussed was the difference of opinion among the geologists about whether or not there was any value in filling all or part of the canyon. There was general agreement that soil should not be imported into the active slide area for that purpose; there was not yet agreement on whether or not soil from the area could be used. There was general agreement that the area at risk right now is the area defined by a yellow bound- ary on the map exhibited. The map was further marked in red to show Portuguese Bend Road, and the names of the owners of the properties within the yellow boundaries were added to the map. Councilman Heins- heimer said the geologists were all in agreement that the motion in the area would continue to be a relatively slow motion, with no danger to the houses outside of the yellow boundary or to the road of a sud- den catastrophic failure. It was agreed that the road could be main- tained by relatively simple and inexpensive means, even if nothing is done to stabilize the area. Councilman Heinsheimer said all the geol- ogists present agreed on these matters. There is general agreement about the direction of the slide, but there is some uncertainty about the angle; whether -it is a due south movement, or whether it is moving slightly into the canyon. Councilman Heinsheimer said there is a dis- agreement amounting to 20 or 30 degrees, which makes some difference in the opinion of whether or not soil should be put into the canyon. After it was agreed by all the geologists in attendance that access was not a problem that had to be handled immediately, it was deter- mined that the question of whether the canyon should be filled should be resolved. After a lengthy technical discussion a particular set of solutions was determined by the geologists and the agreement was that all of the consulting geologists and private geologists would write a letter to Mr. Keene indicating that it was their opinion that certain tests, not solutions, could be pursued. Following receipt of the letters from the individual geologists Mr. Keene would write a letter to the Council, incorporating the recommendations and if the Council approved the work recommended the tests would be made and the results would be evaluated, after which the group would meet again. It was estimated that it would take 2 - 3 weeks to get the letters done, a week to ten days to do the work and evaluate it, and the geologist would need an additional week to make sure that there was a total con- sensus about the direction the slide was moving, and whether or not putting dirt into the canyon would be helpful. Since all'of the geologists agreed that dirt should.not be imported, a discussion of where to get dirt locally took place, but no conclusion was reached. Sub -surface water was also discussed, and there was a general agreement that watering landscape and light surface use of water was not a problem; water injection at the sub-terranean surface of the slide was a concern. The impact of the slide on sewerage disposal systems of the older houses could be a major problem within a year or two after activation of the slide,'which is moving about 1/4" per week. Disposal of gray water was discussed, and Councilman Heinsheimer said that although gray water separation is technically easy to do, it is not legal, and therefore it is not a recommendation. Mrs. Clifton said the cesspool locations have been marked on the individual plot plans of the affected properties. The third area discussed was permits for "self-help" projects, where individuals may wish to do some work to protect their improve- ments while solutions to the movement are still being investigated. Since the process of arriving at a solution and then implementing it will take 4 - 6 months, and individuals may wish to take interim steps regarding damage to their properties, it may be necessary to expedite the permit processing to help them. Other items discussed were a sewage system evaluation, which will be a long term project and will affect the entire area. Councilman Heinsheimer said a staff report will be made regarding the sewage system study. The shear pin study was discussed and the opinion of the people at the meeting was that it appeared to be a costly and perhaps technically questionable issue, and they wished to consider the canyon fill proposal more thoroughly before investigating the shear pin solu- tion further. -7- 11 MITI IRALIPAP March 90 1981 Planning for the special district was discussed and will be covered later in the meeting, Councilman Heinsheimer said, and the final item discussed was utilities management and access road. The discussion was focused on making sure that utilities and vehicular access would be maintained to all homes in the affected area. Since the road did not appear to be at risk and could be fairly easily maintained that does not appear to be much of a problem; the greater problem was pipes in the area providing utilities to the area and t . o the individual homes. Mrs. Clifton reported that California Water Service has advised that the water main on Ranchero Road will be placed above ground in the vicinity of Portuguese Bend Road within the next few weeks. The Gas Company still feels that their lines are satisfactory, but the lines. are monitored constantly, and may eventually be changed, the Manager said. Additional cracking and noticeable widening of existing cracks will be reported to the Gas company, Mrs. Clifton. said. Mayor Crocker opened the discussion to residents. 'Mr. John Wel- bourn, 25 Portuguese Bend Road, asked whether anyone had considered putting in a sewer system in the City. Councilman Heinsheimer said a system has been discussed-for.the entire city or for individual areas for the past ten years, and the cost for an underground sewer system for the entire city would be extremely costly; it may be worthwhile on a limited basis. Newer modern technology developed within recent years is being studied by the Manager and Pier report on possible solutions for isolated problems will be made to the Council, he said. Larry Fain, 4 Ringbit Road West, asked whether the -slide area is clearly defined on any map. Councilman Heinsheimer said the area is shown on a map dated January 1981, Active Portion, Flying Triangle Landslide; it is part of the report prepared by the County Engineer and is available for inspection by anyone who wishes to see it. Jim Brogdon, 5 Maverick Lane, asked about costs to the City for the geo- logical work. Councilman.Heinsheimer explained that in addition to the County Geologists the City has hired a consultant geologist who is serving at no cost to the City; geologists have been hired by residents, and.the Lockwood -Singh firm has been participating because of their long involvement in the area. Thecoststo the City have essentially been authorizing and funding the geological investigation and report. Should the report be approved there will be further costs to the City. Councilman Heinsheimer said that to date all costs have been shared equally with the Community Association. The Manager said that to date each organization has spent approximately $30,000. Coun- cilman Heinsheimer said that by the time the problem is defined, the community will have spent approximately $75,000. Dr. Richard Hoffman, 73 Portuguese Bend Road, asked what the prognosis is if nothing is done. Councilman Heinsheimer said that it was agreed that with time, eventually motion would occur which would cause dirt to go into the canyon and motion would stop. He emphasized that in talking to the geologists it is a long slow process, and would not endanger homes other than those in the yellow area, and possibly a few to the north and just adjacent to the active slide area, west or northwest, which could be undercut by the continuing motion. The motion would be slow, with no catastrophic failure of the road and access to the Flying Triangle area could be maintained, with some possible interruption of utilities, which could be taken care of. . Mayor Crocker said the additional testing is to determine whether or not filling the canyon might work,' and the shear pin idea which . was originally considered the primary corrective treatment is no longer the focus of the evaluation. To fill the canyon would cost approxi- mately half a million dollars; the cost of the shear pins would be in excess of two million dollars Mayor Crocker said. Richard Nahrwold, 74 Portuguese Bend Road, asked that the canyon be defined on the map; Councilman Heinsheimer defined the area.. 4obert Gray, 1 Outrider Road, said that he reviewed the County report, which defined levels of safety which would result from instal- lation of various numbers of shear pins; he asked what level of safety would result from filling the canyon. Councilman Heinsheimer explained that the stability level projected ranged from 1.0, which would stop the movement, to 1.5, the level at which additional building permits could be issued, depending on the number of shear pins.installed. Cost would range from 1.5 million for the minimum stability to 4.0 r, 0 VJ 1PAVAL2 March 9, 1981 million for 1.5 stability. Councilman Heinsheimer said the costs were projected for planning purposes. He said the first recommendation was for filling the canyon; that was suspended while shear pin installation was considered present investigations are to determine whether the canyon can be filled, depending on the direction of the slide, and the amount of stability has not been discussed. Mayor Crocker said the meeting lasted more than three hours, and a full transcript of the meeting is being prepared for the partici- pants, and will also be available to anyone who wishes to review it. The Manager said the transcript should be ready at the end of the week.,,, Mayor Crocker asked the City Attorney to address the procedure to be followed in formation of a Hazard Abatement District. The Manager distributed copies of the proceedings prepared by Mr. Kinley. Mr. Kinley said the first step would be adoption of a resolution by the City Council declaring that the City of Rolling Hills is subject to the provisions of the geological hazard abatement act as contained in the Public Resources Code, and a copy of the resolution must be for- warded to the State Comptroller. The next step would be a petition signed by the owners of not less than 10% of the real property to be included within the proposed district. Mr. Kinley reviewed the out- line of procedure prescribed escribed by the Public Resources Code relating to formation of such Districts by petition of the owners of property with- in the District only. Mayor Crocker said the information has been furnished to residents toadvisethem of the procedures, not to advise them legally on the formation of a district. The Mayor said that at his request a projection of fund balances was made to June 30, 1981 and to June 30, 1982. The estimated fund balance for June 30, 1981 is $83,411; the projected fund balance on June 30, 1982 would decline to $65,832 because of changes in revenues from the State budget. Be- cause of declining revenues available to the City,-Mayor,Crocker said - it is incumbent on the owners of 10% of the.' real-Pr6perty located within a specific are ' a, either the area bounded by the yellow marking, Which is the active slide, or the larger ancient landslide area, to petition for formation of an abatement district. Councilman Heinsheimer said additional work will be required prior to formation of a district if it is determined that filling the canyon is the best solution, and he estimated that the required work will co ' st $50,000 - $100,000. Coun- cilwoman Swanson said the experiences of Rancho Palos Verdes will be' of great help in forming the district, and that City is very willing to share their knowledge and experience with Rolling Hills, particu- larly with regard to landslide and hazard abatement district formation Major Langer, 1 Runningbrand Road, said that when a district is formed the properties within the district must be specially benefited, the properties do not have to be contiguous, but an entire property must be in the district; it is not possible to take a portion of a property. Mr. Langer asked how the Community Association's ease- ments and roadways would be considered in forming a district. Mayor Crocker said the Community Association has a valuable property right within a district, and he said the matter was dealt with in Rancho Palos Verdes in relation to the City's easement with regard to Palos Verdes Drive South. Dr. Larry David, 5 Ranchero Road, asked how many properties were within the ancient slide; it was determined that there are 22 parcels within the ancient slide area. Councilman Heinsheimer said a district could also consist of the entire City, since the aim is to create a district small enough so that everyone would benefit,, but large enough to afford to solve the problem, and it has been argued that solving the problems would be of benefit to everyone in the City for reasons beyond the actual sliding. He said a sensible boundary should be determined, and the district should not be so limited in size that the people within it cannot afford to do anything. RECESS The meeting was recessed at 9:50 P.M. and reconvened at 10:00 P.M. Mayor Crocker said that after a recommendation is made to the Council on what the probability of success would be if the canyon is filled a meeting of all the residents should be scheduled in an effort to get community support, with people signing a petition for formation of a district at the meeting, if possible. March 9, 1981 Councilwoman Swanson said that in considering boundaries for a district, the Flying Triangle Tract, which includes, but is not limited to both the active and the ancient landslides, could be con- sidered for an assessment district. Jim Roe, 37 Chuckwagon Road, asked whether the Council intends to spearheada movement to form a hazard abatement district, or if .the Council intends to foster a movement among Association members for formation of a district. Mayor Crocker said he considers.it far more effective if spearheaded by the residents with the cooperation and consent of the Council.. The Mayor asked Mr. Kinley to prepare a legal opinion for the next meeting, in cooperation with Mr. Coughlan, on whether the City could be considered to benefit from a hazard abate- ment district, or whether such a district must be a geographic area consisting only of properties which are directly affected by the hazard. Mrs. Cherie Bennett, 3 Eastfield Drive, asked whether the action be- ing considered will set a precedent. Councilman Heinsheimer said he considers the action a moral precedent, not a legal precedent. Jim Brogdon asked to have the ancient landslide defined. Councilman Heinsheimer showed the area surrounded by a blue boundary on.the map, marked as'the U.S—Geological Survey 1946 Boundary. He said there is no record of movement within the area in modern memory, but the area showed evidence of.motion at one time in the .distant past. Richard Nahrwold asked if the geologists agree that the ancient slide .is essentially stable. Councilman Heinsheimer said that they seem to agree that the present problem is not a precursor of motion in the ancient slide. He said the motion.in the area during the past 20 - 30 years is in-areas.in which there has not been motion for thousands of years. Dr. Jonathan Po, 68 Portuguese Bend Road, asked whether the geologists made any mention of construction of two residences in the active slide area as contributing causes of the movement. Mayor Crocker said the properties referred to are the Evans and Brown properties. Mayor Heinsheimer said it was discussed and there was general consensus that the trenching was not sufficient to acti vate the slide, but records about the depth of the excavation will be researched by Mr. Lockwood. Mr. Lockwood did report that the excavation was done quickly and was not left open,, so water was not accumulated -on the sites:' -Mrs. Flora Hummel, 3 Ringbit Road West, asked if the district is formed and homeowners are assessed, when the work is done if it is not successful - assessed again for additional work. Mayor Crocker said each problem would have to be faced, and a decision be made for each one. Mrs. Hummel asked if the district could cover more than one occurrence. Mr. Kinley said it could. Mayor Crocker said Rancho Palos Verdes has had the Portuguese Bend slide, the Abalone Cove slide, and there is now a new slide at.the bottom of Klondike. Canyon in a large.tract: Councilman Heirisheimer said the procedure prepared by Mr. Kinley indicates that a plan of control must be reviewed and approved by the Council, and it was his opinion that the Board of Directors of a District should not be given unlimited powers. He suggested that the agreement be written in a way to require public support for additional work, rather than an open ended plan of control. Mayor Crocker agreed that tho extent of power of,the Board of Directors of the District should be limited. Mayor Crocker said certain legal issues have to be resolved, including whether the area that will be benefitted can include the entire city, or whether it must be limited to the area in which the problem is located. When that is determined, what constitutes 10% of the owners of the landmass and 51% of the assessed valuation can be determined. Mayor Crocker said the matter will be discussed .further at the next meeting. PERSONNEL SESSION ..130 The meeting was adjourned to a personnel session at 10:20 P.M. The meeting was reconvened and Mayor Crocker announced that the City Council had accepted Mr. William Kin.ley's letter dated.March 9, 1981 resigning as City Attorney effective no later than the end of the fiscal year, June 30) 1981, with regret and appreciation for lengthy able service. -10 March 9, 1981 ADJOURNMENT The meeting was adjourned by Mayor Crocker. APPROVED: 1 Mayor -11- City Clerk