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3/23/1981r - I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA March 23, 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 8:00 P.M. Tuesday, March 23, 1981. ROLL CALL PRESENT: Councilmembers Heinsheimer Pernell Rose Swanson Mayor Crocker ABSENT: None ALSO PRESENT: LITIGATION SESSION Teena Clifton William Kinley June Cunningham L. Amerine R. Heffler F. Gregory M. Mendelson. R. Mohr N. Palmer Mrs. J. Donner Mr. & Mrs. J. Bell Dr. & Mrs. D. Borden Mr..& Mrs. E. Doak W. Field Dr. & Mrs. M. Goldberg Mrs. P. Hathaway Mr. & Mrs—W. King M. Langer Mrs. G. Leeuwenburgh N. Lean Dr. & Mrs. R. Hoffman N. Pedersen C. Raine Mrs. B. Raine Mr. & Mrs. A. Russell F. C. Ripley R. Shifman Mrs. C. Smith Mrs. M. Wagner Mrs. R. Witmer K. Watts A. Weber City Manager City Attorney Deputy City Clerk Palos Verdes News Los.Angeles Times Attorney Attorney Advanced Electronics Architect League of Women Voters Residents Mayor Crocker reported that the Council met in a Litigation Session at 7:30 P.M. to consider formation of. an Abatement District in the Flying Triangle Landslide area. The Mayor said the matter would be discussed later in the meeting. APPROVAL OF MINUTES The minutes for the meeting on March 9, 1981 were approved and accepted as presented on a motion made by Councilwoman Swanson, seconded by Mayor Crocker and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Rose, Swanson Mayor Crocker NOES: None ABSENT: None ABSTAINED: Councilman Pernell FINANCIAL STATEMENT 140. March.23, 1981 The Financial Statement for February 1981 was approved and accep- ted as presented on a motion made by Councilman Rose, seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Councilwoman Swanson suggested that budget evaluation for Fiscal 1981-82 be started as soon as possible; at the next Council meeting if possible. Mayor Crocker said a meeting of the Finance Committee would be scheduled. PAYMENT OF BILLS Councilman Rose moved that Demands No. 9490 through 9510 and No. 9513 through 9519 be approved for .payment in .the amount of $13,941.15 from the General Fund; that Demand No. 9495 be voided and that Demands No. 9511 and 9512 be approved for payment in the amount of $1,258.24 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 ANTENNA AND TRANSMITTER SITE 165 The City Attorney advised the Council that a Waiver and Release has been prepared, and if executed by Mr. and Mrs. William King it would release and waive any claim against the City in connection with the three pole antenna tower and dish antennae installed on.it, which is:located on property adjacent'.to the King property.- Mr. Kinley and Mayor Crocker explained that the waiver was required by the Council so the matter could be remanded to the Planning Commission solely for re- view of the Conditions of Approval as contained in the record of the Planning Commission's action on July 18, 1978, which was in the posses - ion of each member of the Council, and to current compliance by Advanced:;` Electronics with each of the conditions, rather than approval of the "as built" plans by the.Council, or for any other reason. Councilman Heinsheimer moved that the Council approve the waiver and authorize execution by the City Manager on behalf of the City. The motion was seconded by Councilwoman Swanson and carried by the follow- ing roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Mr. Fred Gregory, attorney for Mr. and Mrs. King, asked that he be advised when the matter will be considered by the Planning Commis- sion. Mr. Morley Mendelson, attorney for Advanced Electronics, advised the Council that there is a building presently on the federal site, which is outside of the City of Rolling Hills, which is scheduled to be demolished by federal authorities. Mr. Mendelson said Mr. Mohr has requested use of the building, and proposes to remove the top story and move all of his antenna transmitters from the present tower location to the building. Mr. Mendelson explained that the antennas IWAM March.23, 1981 could be mounted on 30 foot support structures on the outside of the building, and would not be As visible as they are presently, since the tower installation would not be necessary because the building is clo- ser to the top of the hill. Mr. Mendelson said Mr. Mohr's request was rejected by the army, but it is being pursued by Mr. King. If approved Mr. Mendelson said Advanced would cooperate, but would need a long-term committment from the government before spending the large sum of money needed to remove the top story of the building and transfer the equip- ment. With respect to the complaints about interference with television reception, Mr. Mendelson said the FCC found one offending transmitter, .which will be replaced, and the matter will then be re-evaluated. Mayor.Crocker suggested that the issue of use o'f the federal building be resolved if possible before the matter is reviewed by the Planning Commission. DR. MARTIN GOLDBERG, LOT 92-2-RH, PINE TREE LANE 255 Mayor Crocker opened discussion of requests by Dr. and'lfZr.s. Martin Goldberg for variances of grading regulations and front setback requirements for construction of a residence on Lot 92-2-RH, located on Pine Tree Lane. The requests were approved by the Planning Com- mission on October 21, 1980 and were held by the Council for submit- tal of additional geology information. A report dated February 5, 1981 prepared by Lockwood -Singh & Associates was reviewed by the County Engineering Geologist, and in a letter dated February 25 A. G. Keene, County Geologist, advised that the report is acceptable _for the Council's needs. In discussing the matter Councilwoman Swanson asked whether the proposed residence will be adapted to the site, and Mr. Neil Palmer, architect for the Goldbergs, explained that the proposed house,is being designed to make the best use of the land, with regard to view and topography. A.rendering of the site was shown to the Council. Councilman Pernell moved that the approval by the Planning Commis- sion be affirmed by the Council. 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 PALOS VERDES PENINSULA EDUCATION FOUNDATION.. 293 A request for a resolution supporting the efforts of the Palos Verdes Peninsula Education Foundation's efforts to raise one million dollars for the schools was considered by the Council. Members of the Council concurred with a recommendation that the Mayor write a letter supporting the effort, but that a resolution of the Council not be adopted. DISCUSSION AND STATUS, FLYING TRIANGLE GEOLOGY 323 The Mayor opened discussion of the geology in the Flying Triangle. Mrs. Clifton distributed copies of a letter dated March 23, 1981 from A. G. Keene incorporating positions taken by geologists Lockwood, Ehlig and Moran at a meeting in Rolling Hills on March 3, and including -.Mr. Keene's thoughts on the matter. Mr. Keene stated that additional data will be required to more precisely determine the depth of the landslide on its western boundary and he proposed that the Council approve a program including A. Trenches, B. Additional Boring Data and'C. Additional Slope Indicators. A map attached to the letter showed the recommended locations for three trenches, two auger holes and four slope indicators. Mrs..Clifton said -3- J March 23, 1981 the cost for the work has been estimated as $15 - 20 thousand dollars. The sum of $10 thousand dollars was previously authorized for addition- al work but has not been spent, and she requested approval of an addi- tional $10 thousand dollars, with half to be paid by the Community Association as agreed. Councilman Rose asked whether everything neces- sary for the proposed remedy would be accomplished if the money is approved and the work is done as recommended. Councilman Pernell said there is no guarantee. Councilwoman Swanson asked whether there would be a definite benefit if the money is approved and the work is author- ized. Mayor Crocker said the information is needed for a Plan of Con- ` trol if an abatement district is formed. Councilman Heinsheimer rec- ommended that the Council approve the recommendations sequentially and that the trenching be done rapidly; that the cost of additional boring be determined, and that additional slope indicators be considered at the next meeting. Councilman Rose asked whether filling Klondike Canyon is still being considered as the best solution to stopping the landslide. Councilman Pernell said that information presented at the meeting indicated that it is the best and most economical solution. Council- woman Swanson asked where the needed soil would come from. Councilman Heinsheimer said the amount of fill needed would be determined and local soil would be used if possible, since the geologists agree.that soil should not be imported. Mrs. Clifton said the.geologists would calculate the amount of soil needed. Mayor Crocker said the magnitude of the solution should be determined before a final decision can be made, and he moved that the additional allocation of $10,000 be approved, The motion was seconded by Councilman Pernell and carried by the fol- lowing roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None Mayor Crocker said he wished to discuss the procedures for form- ing an abatement district as part of the overall consideration of a solution. The Mayor explained that in the absence of a petition from the owners of 10% of the real property in a given area the Council can initiate proceedings for formation of.an abatement district, and he said it is hoped that information from -the -procedures recommended by the geologists will be available in time for consideration of formation of.a district. Mayor Crocker said timing is vital to the situation, and formation of a district can be expedited if the Council initiates the proceedings; he said no money would be raised or spent until the Council is assured that there is a feasible solution. A schedule of dates for a hearing on the matter was presented by the Manager. Councilman Heinsheimer suggested that the Council consider three options.for a district; the active slide area, which includes six properties, and might affect a few adjacent properties; the entire Flying Triangle tract;.or the entire City. Mayor Crocker said the solution would probably cost approximately $600,000, and if the dis- trict is too limited in size, it was his opinion that it would fail. Councilwoman Swanson said that if the Council initiates formation of a district, an approach which will succeed should be adopted. She asked what would happen if the Council did not take the action to form a district, and the residents did not petition for one. Mayor Crocker said the geologists have agreed that if nothing is done to stop the slide it will eventually move into the canyon, where it will stop, but that there would be extensive loss of properties within the active landslide as defined on the map. Councilwoman Swanson said the proposed abatement district could be defeated by opposition of owners of more than 50% of the assessed valuation of the property included in the abatement district, and she suggested that a limited district be formed and that in addition a non-profit foundation be established for persons who may wish to contribute funds, but who do not wish to be included in the abatement district. Councilman Rose said he had reviewed the sta- tute, and he felt there might be legal impediments to including the -4- March 23, 1981 entire City. Councilman Pernell said he thought the Community Associ- ation should be more involved. Mayor Crocker said the borrowing powers of the Association are limited, and an affirmative vote of 66 2/3% of the members would be required to amend the by-laws to enable the Asso- ciation to borrow more than is currently possible. Councilman Heins- heimer suggested that if the entire City is included in the abatement district all properties in the City would be assessed, with properties in the Flying Triangle or in the active landslide area paying a dis- proportionate amount. Mr. Kinley said that as owner of the roads and t easements the Community Association is an owner of property in the landslide area, but is not a big land owner.. Mayor Crocker proposed that the City Council act as Board of Directors of the abatement district, with limited powers. Mrs. Judie Donner asked why the Council would be the governing body if the Council initiates the proceedings. Mayor Crocker said if the Council initiates district formation and the entire City is included, elected officials should serve as the Board of Directors. Major Langer said it is his understanding that a plan of control must be presented to the Council with a petition by residents to form a district, but it is not neces-. sary to have the plan fully.developed if the Council initiates forma- tion by adoption of a resolution. Ken Watts urged the Council to pro- ceed to form a district encompassing the entire city. Councilwoman Swanson said that if the Council attempts to form a district and the community does not support the effort the slide area could suffer more damage.. She moved that the Council initiate formation of a district with boundaries defined by the County Geologist.. The motion died for lack of a second. .A proposed resolution was reviewed and was amended during the discussion to incorporate recommendations of the Council with respect to title, date and location of the public hearing and boundary of the district. RESOLUTION NO. 464 Councilwoman Swanson moved that Resolution No. 464 entitled'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS INITIATING PROCEEDINGS FOR THE FORMATION OF THE KLONDIKE CANYON LANDSLIDE ABATE- MENT DISTRICT be adopted and that reading in full be waived. Councilman Heinsheimer read the resolution, which was amended to change references to Flying Triangle to Klondike Canyon, set the public hearing for May 11, 1981 at La Cresta Elementary School, 38 Crest Road West, and defined the District Boundaries as those of the City of Rolling Hills, into the record. 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 RECESS The meeting was recessed at 10:45 and reconvened at 10:50 P.M. ABOVE GROUND INSTALLATION OF WATER LINE 1192 A map showing the proposed installation of 270 feet of 8" pipe above ground for water service in the vicinity of the intersection of Ranchero Road and Portuguese Bend Road was presented to the Council. Mrs. Clifton reported that some of the residents in the area have ob- jected to the proposal because of the appearance of the above ground installation, but the change is being recommended.because of the num- ber of recent breaks in the lines at that location. The Council agreed that the change to above ground installation should be made for the benefit of the area, and the Manager was author- ized to proceed with the change. -5- March 23, 1981 EMERGENCY PREPAREDNESS COMMISSION, ANNUAL SEMINAR 1296 Councilwoman Swanson and the City Manager were authorized to attend the Seventh Annual Seminar for Local Officials of the Emergency Preparedness Commission at Industry Hills Convention Center on April 15. SOUTH BAY CAREER CRIMINAL APPREHENSION PROGRAM 1298 A letter dated March 13, 1981 from the City of Redondo Beach advising that the cost for Rolling Hills to participate in the fiscal year 1981/82 South Bay Career Criminal Apprehension Program is $861 was presented to the Council. Councilwoman Swanson moved that the Council approve continued participation in the program. The motion was seconded by Mayor Crocker for purposes of discussion. The matter was held on the agenda for con- sideration at the next meeting after a recommendation by Councilman Rose, who is the Council's liaison member in Sheriff matters. CITY OF RANCHO PALOS VERDES 1318 A copy of .a letter dated March 5, 1981 from the City of Rancho Palos Verdes to the Office of Traffic Safety was distributed to the Council. Donald F. Galuzzy, City Manager of Rancho Palos Verdes proposed that the Cities of Rancho Palos Verdes, Rolling Hills Estates and Rolling Hills be considered for funding under the National Highway Safety Act to participate in a program to reduce the number of accidents involving "Driving Under the Influence", with Rancho Palos Verdes to act as Lead Agency. The matter was held on the agenda for a report from Councilman Rose. INTERSECTION DESIGN, PORTUGUESE BEND ROAD/PALOS VERDES DRIVE NORTH 1325 The Manager reported that the proposed improvement of the Palos Verdes Drive North/Portuguese Bend Road intersection was approved by the Traffic Commission and forwarded to the Board of Directors for review. At the meeting on March 19 the Board approved the proposal. T'le plan was reviewed and the Manager explained that one of the palm trees at the entrance to the City would be relocated, and that the south east and south west corners of the intersection would be landscaped to the specifications of the Rolling Hills Landscape Committee, with costs paid by the City of Rolling Hills Estates. The Manager advised that there would be three lanes exiting Rolling Hills, with a turn signal for left turns, a lane aligned with Rolling Hills Road for through traffic and a right turn lane. Councilwoman Swanson moved that the plan be approved. The motion died for lack of a second. Mayor Crocker said he would call the mayor of Rolling Hills Estates and advise him of the concerns of councilmen of the City of Rolling Hills expressed during the discussion of the proposed intersection improvement. ZONING CASE NO. 259, MASON H. ROSE, LOT 241 -A -3 -MS, 37 CREST ROAD QUEST 1389 Councilman Rose advised the Council that at a meeting on March 17 the Planning Commission denied his request for variances of front and side yard setback requirements for construction of a paved area surroun- ded by an 8 foot high fence for a recreation and guest parking area. Mr. Kinley advised the Council that findings are being prepared and will be ready during the coming week. Mr. Rose said he has appealed the decision in a letter to the Planning Commission dated March 17. Further, Mr. Rose said he was advised that the rules cannot be changed to accommodate his specific needs, and he said that the proposed im- provements to his property have been designed to meet the needs of his confinement to a wheelchair, and also many handicapped guests. He asked that appropriate amendments be made to existing ordinances to accommodate residents with specific needs. l P4arch 23, 1981 The City Attorney was requested to research the matter and advise the Council. Mayor Crocker ordered the matter held on the agenda to be considered at the next meeting when findings have been completed. INSURANCE COVERAGE IN BUDGET 1428 Councilwoman Swanson suggested that possible savings through participation in the Contract Cities Joint Powers Agreement for insurance be considered in connection with preparation of the next Budget. CITY COUNCIL MEETINGS 1455 The City Attorney advised that under the provisions of a resolution adopted in 1967 the City Council is required to hold all meetings in the City Hall. In order to hold a public hearing in connection with the Landslide Abatement District Mr. Kinley recom mended that a resolution be adopted providing for a meeting at La Cresta School to accommodate the large number of residents antici- pated at the meeting. RESOLUTION NO. 465 Councilman Heinsheimer moved that Resolution No. 465 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ESTABLISHING AN ALTERNATIVE CITY HALL FOR THE HOLDING OF MEETINGS OF THE CITY COUNCIL be adopted, and that reading in full be waived. 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 MEETING WITH SUPERVISOR DANA 1489 Mayor. Crocker said.members of the Council have been invited to a, meeting in the Hall of Administration on April 1, 1981 with Supervisor Deane Dana and other city officials from the Fourth Supervisorial Dis- trict to discuss the Governor's proposed budget and its impact on, local government and special districts. LETTERS FROM RESIDENTS 1497 Mayor Crocker asked that residents who have addressed problems in. writing to the Council_be advised that the matters will be placed on the agenda for consideration in the near future. MAILING COSTS, LANDSLIDE ABATEMENT DISTRICT The Manager reported that with the increase in postal rates, the notices of the Public Hearing in connection with the landslide abate- ment district will cost in excess of $1100 to mail. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT Mayor Crocker reported that Mrs. Anne Hinchliffe, president of the Palos Verdes Peninsula Unified School District called him recently to confirm a notice in the Peninsula News that in 1982-83 the Administra- tion and Services centers will be relocated at the Valmonte school site and the current administration site and the La Cresta school site will be offered for sale. PERSONNEL SESSION 1514 The meeting was adjourned to a Personnel Session at 11:25 P.M. The meeting was reconvened at 11:50 and adjourned by the Mayor. -7- March 23, 1981 APPROVED: Mayor Correction to the minutes: City Clerk Councilwoman Swanson asked that the second paragraph on Page 41.)be amended to reflect her concern about the availability of soil, specifically whether the investment into forming an abatement district should be made without knowing whether the soil will be available. IM