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�
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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.
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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
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April 13, 1981
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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
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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.
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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
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City Clerk
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