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4/13/19810 MINUTES OF A REGULAR METING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA April 13, 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. Monday, April 13, 1981. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmenbers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker None Teena Clifton William Kinl.ey Merelyn Anderson Mrs. J. Donner Mrs. K. Borden W. Daniel Mr. & Mrs. E. Doak Mrs. B. Feister Mr. & Mrs. H. Gelles Mrs. P. Hathaway Mrs. M. Hamburger Mr. & Mrs. W. Hines Dr. & Mrs. R. Hoffman Mrs. S. Krieger M. Langer Mrs. G. Leeuwenburgh Mrs. V. Link R. Kerr L. Kelly R. Nahrwold Mr. & Mrs. J. 011a Mrs. S. Ormsby J. Po Mr. & Mrs. R.A.Russell Mrs. M. Wagner K. Watts A. Weber City Manager City Attorney Secretary League of Women Voters Resident The minutes for the meeting on March 23, 1981 were approved as corrected by a motion made by Councilman Pernell, seconded by Mayor, Crocker and carried by the following roll call vote: `` AYES: Councilmembers Heinsheimer, Rose, Swanson, Perne�ll Mayor Crocker NOES: None ABSENT: None PAYMENT OF BILLS: Councilman Pernell move 9574 and 9575 be approved for the General Fund; that Demand Demands No. 9572 and 9573 be $10,826.01 from the Fire and was seconded by Councilwoman call vote: 1� 1 W, d that Demands No. 9520 through 9571, and No. payment in the amount of $15,220.63 from No. 9539 and 9569 be voided and that approved for payment in the amount of Flood Self Insurance Fund. The motion Swanson and carried by the following roll April 13, 1981 AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None CITY OF REDONDO BEACH, LETTER 14ARCH 13,. 1981 At the recommendation of the City Manager, the Mayor directed that the letter regarding South Bay Career Criminal Apprehension.Program be taken off the agenda and placed in the 1981-82 budget review folder. CITY OF RANCHO PALOS VERDES, LETTER MARCH 5, 1981 At the recommendation of the City Manager, the Mayor directed that the proposal for funding a tri -city "Driving Under the Influence" Enforcement Program be taken off the agenda and placed in the 1981-82 budget review folder. CITY OF ROLLING HILLS ESTATES, LETTER MARCH 30, 1981 0 0 Councilwoman Swanson made the motion to approve the allocation of m $519 from the Urban Open -Space and Recreation Program to the City of Rolling Hills Estates for their use in the development of Dapplegray co Park, Phase II. Seconded by Mayor Crocker and carried by the following Q roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None RESOLUTION NO. 466 Councilwoman Swanson moved that Resolution 466 entitled A RESOLUTION OF THE CITY OF ROLLING HILLS APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PUROGRAM" be approved. 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 The City Manager was directed to execute the grant application for the City of Rolling Hills Estates. UTI K. TABATABAY, 3 QUAILRIDGE ROAD NORTH, LETTER MARCH 30, 1981 Councilman Rose made the motion to grant permission to Mr. Tabatabay for a mobile home on his construction site at 3 Quailridge North for the purpose of security for a period of sixty days. Seconded by Mayor Crocker and carried on the following roll call vote: AYES: Councilmembers Pernell, Rose, Swanson Mayor Crocker NOES: Councilman Heinsheimer ABSENT: None The Manager was directed to see that the bonding requirement that the Rolling Hills Community Association has imposed has been given to them before approval before the mobile home is moved to the site. -2- April 13, 1981 1101 CABLEVISION COMMUNICATIONS DISH PLACEMENT AT PVP SCHOOL DISTRICT The Manager was directed to write to TM Cablevision advising them of the procedure for applying for a zone change. ORDINANCE RE. JOGGERS The City Attorney was directed to draft an amendment to the Municipal Code, Section 10.40.040, on control of joggers. BUDGET FOR FY 1981-82 .The Mayor directed that the budget session be scheduled in the - next two weeks. The Manager reported that the City Treasurer, L. D. Courtright, will be out of the country until May 1 but preliminary budget meetings could be held without his input and that her present- ation is almost complete at the present time. LETTER FROM GEORGE JOHNSON, 20 CINCHRING ROAD, RE. LEASH LA14 The Mayor directed that the Manager write a letter to Mr. Johnson informing him that his letter will be on the agenda at their next meeting, April 27. SOUTH BAY JUVENILE DIVERSION, LETTER OF RESIGNATION The Council accepted with regret the resignation of Mrs. Peggy Bemis from the South Bay Juvenile Diversion program, and the Mayor said he would write a letter expressing their appreciation for Mrs._ Bemis' service. The'Mayor asked Councilwoman Swanson to seek a replacement for Mrs. Bemis, as this is her committee assignment. KLONDIKE CANYON SLIDE (FLYING TRIANGLE) - GEOLOGY UPDATE 270 The Manager was asked by the Mayor to give a brief report on the status of the test work that is being done at the present time in the Flying Triangle area. She said a report from the geologists will be ready late Friday May 1 and made available to the public on Monday, -,. May 4, which would allow time for reproduction. Discussion followed regarding the timetable for Council review of the report, sending notices to residents, and date of the public hearing. Mayor Crocker stated the need to act with a great deal of speed once the report is received.. Councilman Heinsheimer suggested the report be reviewed -.at the regularly scheduled Council meeting on May 11 at which time decide whether or not to.go forward and have the hearing if it is decided" to proceed. Mayor. Crocker stated the Council has been informed that there will be some very tough issues on the geology report and consequently should have time to carefully review, and those who are interested'.in it likewise should have a chance to look at it before the date of the discussion. Councilman Heinsheimer said the Council has the option', -on May 11 to either stop everything, or to have another meeting and discuss it further, or schedule the hearing on the district. Mayor.Crocker acknowledged that Councilwoman Swanson had sent'a letter to the Council regarding the hearing process and it was made'a part of the record. Councilwoman Swanson stated in reviewing SB 1195, it specifies that the legislative body has been presented with and :has reviewed a Plan of.Control, and she felt the Council had not seen a Plan of Control. She inquired if the Council is doing this in sequence as required by law. lka or Crocker said it had been discussed and agreed for the purpose of the Plan of Control to accept the testimony pres.ente on the transcript from the geologists meeting on March 3, 1981, and'the method of control would be to fill the canyon, and that an engineering design might take several months. The Mayor suggested that discussion of individual statements by the geologists be deferred until May 11 when the report, in writing; and concurred with by all the geologists, is presented, and at which time all who are interested will have had access to the updated report stating the direction of the slide, the stability that would be ob- tained, and the expected cost that would be involved. Councilwoman Swanson asked that the staff develop a timetable which would be avail- able to the Council and public which would specify the sequence of events and also the report from the geologists, when the anticipated •• • e• April 13, 1981 11 . report will come from the engineering firm.based on the geologists information. The City Manager stated that a timetable had been given to the Council and if the hearing on the district formation proceeds will be given to the public in detail. An engineering work schedule could not be proposed until the geologists report.is available and the City knew what needed to be engineered. The Mayor informed the Council that he had talked with Harry Gelles, resident, and Major Langer, resident and attorney, who represents several of the parties who have filed claims with the city., and he is concerned about the proposal of signing a waiver, by residents who have filed claims, of any right to sue the City of Rolling Hills or Community Association if the matter should proceed. He further said that one of the issues some of the people in the Flying Triangle are thinking about . is if there is a way to sue the County without suing the City and Association; there may be a waiver procedure to the iiC ty i.and.ind.t-�i,) the County. The Mayor said that Major Langer has asked for a meeting with him regarding what the Council will require in the way of a waiver, whether it is negotiable, and is that a premature subject to discuss prior to the geologists report presentation. He further said that the Council should be giving thought to imposing a condition that, if the geology is o.k. and the Council makes a decision to proceed with the hearing on the formation of a district, a waiver by those .in the Flying Triangle area, particularly those who.have filed claims or who would have potential claims, would-be required, in exchange for an assessment on all the residents in the City, that they would waive their rights to sue the City or CommunEty Association for any mattter relating to the slide or in the way the slide corrective work was done through the Plan of Control. The Mayor proposed that this be a condition on establishment of the district. Councilwoman Swanson stated she does not support it and feels it is a mistake torequire a waiver because we don't know if the ten of them would sign, and appeasing those who have served us with a claim serves no purpose. She stated she is against the waiver, and against proceeding with the district. Council- man Heinsheimer stated that part of the advantage of the entire thing is if it reduces the liability of all the citizens of Polling Hills from those people who are involved in the Flying Triangle, if their liability is significantly reduced by one legal mechanism or another, that is going to make this a much more palatable thing. Mayor Crocker said the issue is to define the area in which there is 'potential liability we would want waived. . The Manager stated that attached to the Public Hearing Notice. for the formation of a district, if the Council decides to proceed, would be an extensive fact sheet, with instructions how to file an. objection, where to get the information required, etc. The Mayor stated the fact sheet will also give a detailed explanation of various arguments for and against, consequences to each property owner, title issue, lending issue, etc. The Manager stated all the - geologists will be present at the discussion meeting on May 11, if the Council so desires,, to�answer questions from the -residents. The Council discussed Resolution 464, initiating proceedings for the formation of the Klondike Canyon Landslide Abatement District, and designates that a public hearing.be held May 11, 1981 at La Cresta School. Councilman Pernell moved. that Resolution 464 be rescinded. The motion was seconded by Councilwoman Swanson. After discussion, the date for the public hearing was set for June 15, 1981 at La Cresta School. Councilman Heinsheimer proposed an amendment to the motion revising the original resolution by adding a section saying that Resolution 464, adopted March 23, 19811s rescinded, adopting the other sections.as written except to substitute for May 11, 1981, substituting June 15, 1981 for the public hearing. Seconded by Mayor Crocker. After discussion the amendment motion was withdrawn by Councilman Heinsheimer. The original motion was carried with the -4- .z. 12 following roll call vote: AYES: NOES: ABSENT: April 13, 1981 Councilmembers Heinsheimer, Rose, Swanson, Pernell Mayor Crocker None None Councilman Heinsheimer made the motion to adopt Resolution 467 which reads exactly like Resolution 464 but with the date changed to June 15, 1981 for the public hearing. The motion was seconded by Councilman Rose and carried with the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell,Rose Mayor Crocker NOES: Councilwoman Swanson ABSENT: None The Mayor suggested the Councilmembers view the properties and. - the homes in the yellow slide area. Councilman Rose stated that since we are almost in litigation posture with some of the residents in that area, could we have any conversation with them without their counsel present. The Mayor said we could if those residents, through their. attorney, would permit it. Councilwoman Seanson requested advise from legal counsel, in writing, as'to whether it is advisable for the Council to make such a trip. Mr. Kinley was instructed by the Mayor to give an opinion before the field trip. The Mayor stated the field trip would be for the purpose of observing conditions as they now exist, with no action taken, and having no discussion regarding any action. Councilwoman Swanson said she was concerned as to whether there would be any liability to the Council with such action as going into homes or onto properties. The Attorney stated nothing should be said to homeowners or to each other, and that he would put it in writin SEWER SYSTEM FOR FLYING TRIANGLE AREA 867 The Manager presented a report on low-pressure sewer systems. She stated that all the geologists concurred that a sewer system is necessary for the Flying Triangle area. Councilman Rose said on-site sewer treatment plants should also be thoroughly investigated and Councilman Pernell said it would be advisable to require all remaining subdivisions be on a sewer system if possible. Councilman Heinsheimer said since there is no common engineering involved with the geology correction, the geology problem should be solved first, and do further research necessary for the sewers after the geology report recommending them is received. MATTERS FROM THE COUNCIL Councilwoman Swanson asked for a replacement to attend the Emergency Preparedness meeting April 15. ZONING CASE NO. 259 MASON ROSE, 37 CREST ROAD WEST The Planning Commission's denial of a variance on the property was discussed, The attorney's opinion as to whether or not you could have special situations related to the condition of the person who owned the property, had not..been.r.eceived':by. the__Cnuncilman.. Councilman Rose asked for confirmation from the City Attorney that there are no time limits running out, if his notice of appeal counts, and are all time limits met by him. He also cited technical problems of the findings that do not answer the question of what it was that was denied and asked for a clarification from the Planning Commission. A letter he received from Jody Murdock, Chairman of the Planning Commission, was written in such vague terms it does not answer the question, he stated. The Mayor stated the findings indicate the decision of the Planning Commission denied the application as proposed without going through delineating what was or was not acceptable. The Mayor directed that the property be viewed on a field trip and be put on the agenda for the next Council meeting on April 27. -5- 13 MATTERS FROM THE CITY ATTORNEY The City Attorney announced that amen, d claims had been received on behalf of Anton & Marie Weber; Margaretv; Major and Shirley Langer; ?'Major & Shirley Langer, James & Marilyn Perona, Robert &. Marvia Perry; Dr. Larry & Catherine Kelly; Laurence & Corrine David; Robert & Susan Barth; Alan & 'nicky Russell; Kenneth & Catherine Watts; and Dr. Jonathan & Harriet Po. Councilwoman Swanson moved that the claims be denied. The motion was seconded by Councilman Rose, with the addition "and that notice be given of such denials forthwith", and carried by the.following roll call vote: AYES:'. Councilmembers Heinsheimer, Pernell, Rose, Swanson Mayor Crocker NOES: None ABSENT: None00 . O PERSONNEL AND LITIGATION SESSION m The meeting was adjourned to a Personnel and Litigation Session at 10:00 P.M. The meeting was reconvened at 10:O5 P.M. and adjourned Q by the Mayor to a field trip to Mason Rose's property on Monday, April 27, at 6:30 P.M. before the next Council meeting. Mayor W-2 City Clerk J