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3/10/1986266 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA March 10, 1986 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Heinsheimer at 7:30 pm Monday, March 10, 1986. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmembers Leeuwenburgh, Murdock, Pernell Mayor Heinsheimer Councilwoman Swanson Terrence.L. Belanger Michael Jenkins L. D. Courtright June Cunningham Jerry Faris Anne La Jeunesse Robert Brown Capt. E. Omohundro Mr. & Mrs. H. Agid Mrs. V. Doak Mr. & Mrs. Wm. Cross Dr. F. Hartwig Mr. D. Herrick Mr. D. Breiholz Mr. L. Lusk Mr. P. Lewine Mrs. C. David Mr. W. Kirkendale Mr. & Mrs. P. Mitchell Mr. & Mrs. G. Partridge Dr. & Mrs. A. Pedersen Mr. & Mrs. D. Reddy Mrs. B. Raine Miss B. Raine Mr. B. Raine Mr. & Mrs. K. Thomas Mr. & Mrs. J. Tielens City Manager City Attorney City Treasurer City Clerk Los Angeles Times Palos Verdes News Southern California Edison Sheriff's Lomita Station Residents The Consent Calendar was approved as submitted on a motion made by Councilman Pernell, seconded by Councilwoman Murdock and carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting on February 24, 1986 were approved and accepted as written. PAYMENT OF BILLS Councilman Pernell moved that Demands No. 1200 through 1218, 1220, 1224 through 1229 in the amount of $26,719.32 be approved for payment from the General Fund; that Demand No. 1217 in the amount of $263.57 be approved for payment from the Fire and Flood Self - Insurance Fund, and that Demands No. 1219 and 1221 through 1223 be voided. The motion was seconded by Councilwoman Murdock and carried unanimously. 1 PLANNING COMMISSION ACTION, ZONING CASE NO. 320, WILLIAM ZAPPAS - C.U.P. Notice of approval by the Planning Commission of a request by William Zappas, Lot 75-RH, for a Variance and Conditional Use Permit for construction of a guest house in the front yard, subject to conditions imposed by the Planning Commission, was received for the file. March 10, 1986 RESOLUTION NO. 545 Resolution No. 545 entitled A RESOLUTION THE CITY OF ROLLING HILLS AMENDING RESOLUTION LOCAL CEQA GUIDELINES was adopted and reading a motion made by Councilman Pernell, seconded and carried unanimously. 267 OF THE CITY COUNCIL OF NO. 536 AND THE CITY'S in full was waived on by Councilwoman Murdock STATUS OF MUNICIPAL LIABILITY INSURANCE -1514 The Manager reported that no new information is avail I able regarding municipal liability insurance for the City. 14r. Belanger said he has submitted an application to the Coachella Valley Joint Powers Insurance Authority, which serves small municipalities, but no word on the appli- cation has been received. The Manager said he would continue to report to the Council on the matter of insurance.— STATUS OF FLYING TRIANGLE The City Manager advised the Council that Councilwoman Swanson is in Washington, D.C. on City business, and one item she wished to Lo report is her appointment with Congressman Dan Lungren to discuss the possibility of obtaining.Federal.assistance for the Flying Triangle. LL The Manager said Councilwoman Swanson will report on her meeting when she returns. co Mr. Belanger said that at the last Community Association meeting the Board decided.to proceed with the realignment of Portuguese Bend Road South, below.Ranchero Road, and he explained that the exist- ing hairpin curve will be relocated northward, and to the west,* to avoid the fragile tributary area. It is the Board's hope that the re- aligned roadway will create a safer and more uniform condition, as it will cross the Brown property.' South Bay Engineering Corporation has been asked to submit a proposal for a survey of the City's southern boundary to provide a basis for discussions with Rancho Palos Verdes. Although not directly related to the Flying Triangle, Mr. Belanger noted that the,City of Rancho Palos Verdes has announced a plan re- garding the Portuguese Bend landslide in that City. A letter. dated March 9, 1986 'reporting to the City Council on a neighborhood meeting held by residents of the Flying Triangle area on March 4, 1986, and an 'attachment dated March 10, 1986 providing 'a' cost analysis prepared by F. H. Hartwig for filling Klondike Canyon at no cost to the City were distributed to the Council. Mr. Herbert Agid, 60 Portuguese Bend Road, read the correspondence into the record. The Mayor said a letter dated March 4, 1986 from Mr.. Hartwig which addressed cesspools has also been received for the record.' Mayor Heinsheimer opened discussion of the items addressed in the letters. Mr. Peter Lewine 74 Portuguese BendRoad, said one of the items of concern addressed at the neighborhood . 'meeting was.the Council's letter to residents in the Flying Triangle regarding installation of holding tanks and elimination of cesspools and septic tanks. Mr. Lewine said a similar request should be made of residents above the Flying Triangle, on Crestandother roads which flow into the Flying Triangle area. Mayor Heinsheimer explained that the request was made following a presentation by the County Geologist, who made the.recom- mendation that use of cesspools and septic tanks be abandoned in the Flying Triangle, and that holding tanks be installed, and that the recommendation was also included in a letter dated February 19, 1986 from the Department of Public Works, Los Angeles County to the City Manager. Councilman Pernell referred to a comment made by Mr. Lewine regarding litigation against Rolling Hills by Rancho Palos Verdes; he said there is no litigation between the cities at this time, nor has Rancho Palos Verdes made an overt threat of litigation. With regard to an assessment district or landslide benefit district, Councilman Pernell said it has been stated that such a district would place a burden upon owners of property in the landslide area. He said formation of a district would place the responsibility closer to the areaof damage, but would not burden the owners. Councilman Pernell explained that an assessment district would permit participation in the district by the City, without jeopardy -2- March 10, 1986 and liability that would be incurred if the City were to act as a "first person" to attempt to accomplish a solution. The Mayor said that in referring to attempts to obtain State and Federal assistance, Mr. Agid had stated that Rolling Hills is no more private than other entities, since Rancho Palos Verdes has private gated areas, and all homes in both cities are private. Mayor Heinsheimer said that one of the factors which made Rancho Palos Verdes eligible for financial assistance was the fact that Palos Verdes Drive South is a major public artery, and the financial aid from the State was critical in maintaining that important road. He said Rolling Hills may be suc cessful in obtaining technical assistance, but less successful in obtaining financial assistance. Further, he said Rancho Palos Verdes was successful in obtaining legislation, but none of the money has been paid to that City to date. Mr. George Partridge, 59 Portuguese Bend Road, said he agrees that cooperation is necessary, and residents in the Flying Triangle want to cooperate. Mr. Partridge said an abatement district will not do anything for those residents, and he urged the Council to cease talking about such a district, explaining that consultants have advised that such a district would not be beneficial to Flying Triangle residents.Further, Mr. oPartridge said the Council's directive about abandonment of cesspools and septic tanks and in- stallation of holding tanks should be dropped, stating that he resented it personally,, and considers it a -cursory recommendation. by the County geologist. Mayor Heinsheimer said the City is reluc- tant to become involved in Public Works projects.on.private,.proper.ty. The Mayor said a district could be cost effedtive, and -the proposal by Mr. Hartwig could be accomplished at no cost to the City, according. to figures presented in the cost evaluation. Mr..Kenneth Thomas,:. 73 PortuguesekBend:-Road;. noted that in his letter dated February 19,. .. Mr. Keene made recommendations.regarding five items of importance in the landslide, and the Council acted on the first item only. Mrs. Catherine Partridge said an abatement district was first proposed;. several years..ago. Mrs. Partridge said the residents of the Flying Triangle are victims, not perpetrators, and it was her opinion that in proposing formation of an abatement district those residents are being treated as perpetrators of the situation. Mrs. Partridge urged that the Council consider those property:;owners as residents of the community who have abided by and complied with all requirements of the Community -Association and City, and not isolate them because of the landslide in their area. Mrs. Partridge said that in a situation where voting is based on property values, Flying Triangle residents would have minimum voice, since their properties have been devalued greatly as a result of the landslide, and she urged that .Flying. Triangle residents be _g;iven an equal voice :in mat- ters which affect them. Mrs. Partridge said geologists have been consulted by Flying Triangle residents over the past six years, and she reiterated her objections to an abatement district, stating it would be undemocratic, would not have a.tax basis, no plan for cor- rective work .has yet been developed, and there would not be a require- ment for representation of Flying Triangle residents on the..Board which would direct the district. Mayor Heinsheimer thanked Mrs. Partridge for her presentation, and said her concept of an abatement district does not match his understanding of such a district. Councilman Pernell asked the City Attorney about control of formation of a district, stating it was his understanding that it was based on land values. The City Attorney said that is correct. After a district is formed, Councilman Pernell asked how it is con- trolled. Mr. Jenkins said it is controlled by the Board, which is the Council, or they could create a Board of fesidents who reside within the district. Mr. Jenkins said the matter of an abatement district was not scheduled for discussion at this meeting, and he asked that the matter be calendared for a future meeting, to give him an opportunity to research the matter. The City Attorney said the issue before the Council is the request that residents cease _ using septic tanks and cesspools and install holding tanks on pro- perties in the Flying Triangle. -3- Vol F 6 - ME March 10, 1986 Dr. Fritz Hartwig, 3 Pinto Road, said a copy.of the law . govern- ing formation of an*assessment district was given to the Community Association, and he said 10% of the residents within the designated district can vote to form a district; approval�.by­51% is needed to make it come into being. For the first three years, bylaw, the Board consists of the City Council; at the end of -three years re- placements can be elected to serve on the Board.- Dr. Hartwig said the Board is -liable' -for -any expenses incurred by the district, and an.abatement district can sue and,be sued, so the Council would not be released from any liability by participating in an abatement dis- trict. Dr. Hartwig next addressed his proposal for filling Klondike Canyon, stating that it could be done at no cost to the City, and might even be done at a profit. Dr. Hartwig said that the plan as developed. has been supported by the County, and was presented to the Rolling Hills Community Association at the annual meeting. The City Manager said it is his understanding that the County has submitted the proposal to their technical personnel and engineer- ing staff for review and recommendation regarding drainage struc- tures which would be necessary, specifically wheth6rthey-should be public or private structures. Mayor Heinsheimer said if the County approves the technical concept of the plan, the legal and financial issues remain. 'The City Attorney said potential and ' future liability could be eliminated through use of waivers. He said there are problems of general authority when work is per formed on private property and does not benefit any public road or public'.property. The Mayor asked whether there is a need for cash flow.for the work.,' Dr. Hartwig said there would�be no . need for money in advance, since the money would be generated as the work is done; he said the only delay would be difficulty in having the trucks admitted, and he was assured that itwouldnot be a problem. Mayor.Heinsheimer said it appears it would be appropriate.. for the Council to look into whether the plan is legally feasible, financially sound and technically acceptable to the County, and he asked whether the Council members wish to proceed. Councilman Pernell said the Council. members have indicated a willingness to work with the residents within the framework of its authority. Mayor Heinsheimer suggested that -the matter be pursued at thenext meeting. Councilwoman Leeuwenburgh said'she is concerned about certain items in the proposal, specifically who would sign the plans, since Mr. McHattie is not a certified eriginder. She als6 asked about Mr.'Lamb,- saying that she does. not know his qualifi- cations.. Mayor Heinsheimer asked staff to look into the matter and inform the Council regarding Councilwoman Leeuwenburgh's con- cerns. Councilwoman Leeuwenburgh said further that it is Council policy not to take action on any item which was not onthe agenda. The Mayor said it was his intent to refer the matter to staff for the purpose of providing information for the next meeting, and his direction to staff is not intended to be an action by the Council. Dr. Hartwig asked that Councilwoman Leeuwenburgh provide a list of her questions and concerns to him. Dr.,Hartwig said if Paintbrush Canyon.were filled and compacted it would provide a nice roadbed. Councilwoman Leeuwenburgh askedDr. Hartwig whether he had approached the City of Rancho Palos Verdes with his plan. Dr. Hartwig said the plan he has submitted is for work entirely within Rolling Hills. Mr. William Kirkendale, 67 Portuguese Bend Road, said he has been encouraged by the positive reception by the Council of the plan proposed..by Dr. Hartwig, but was concerned about Coucilwoman Leeuwen- burgh's statements. The Mayor said the Council represents all resi- dents, and it is incumbent that all questions and concerns be addressed. In summary, and with the concurrence of the Council, Mayor Heinsheimer referred Dr. Hartwig's proposal to the City Attorney for review and comment. With regard to the County's recommendation and the Council's request that use of cesspools and septic tanks be discontinued and holding tanks installed in the-:-Ylying Triangle, and in light:.of the rebuttal by Flying Triangle residents, including submittal of figures by Dr. Hartwig regarding use of water in his household, members of , the Council agreed that the matter should be referred -to the County, -4- 270 March 10, 1986 Mrs. Catherine Partridge said that in the past five to six years opinions on reactivation•.of the slide have been received from several geologists; she asked why the City is relying on advice from Mr. Keene only. The Mayor explained that the City contracts with Los Angeles County, which employs Mr. Keene. Dr. Perry Ehlig has served as a consultant to Rolling Hills; several residents have hired other geologists. The Mayor said their reports have been reviewed by Mr. Keene, and there has been concurrence among the geologists regarding findings and proposals pertaining to the landslide. Mayor Heins- heimer said there is a complete file available to residents, and suggested that residents review the material in the City's file. Further, the Mayor suggested that a representative be designated to be the contact person with the City Attorney and the City Manager in matters pertaining to the Flying Triangle, and he asked that Dr. Hartwig advise the City Manager when that contact person has been designated. RECESS Mayor Heinsheimer recessed the meeting at 9:00 p.m. MEETING RECONVENED The meeting was reconvened at 9:10 p.m. RECOMMENDATIONS OF TRAFFIC COMMISSION 2323 Minutes of a meeting of the Traffic Commission held on Friday, February 14, 1986, were distributed to the Council. Councilwoman Leeuwenburgh, Chairman of the Traffic Commission, advised that the minutes have not been approved, and the next meeting will be held on Friday, March 14, 1986. Chairman Leeuwenburgh said a public hearing on Poppy Trail has been continued to the next meeting, and a report will be made to the Council when the matter has been re- solved. PROPOSED ORDINANCE RELATING TO MULTIPLE DRIVEWAYS A public hearing on a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING TO MULTIPLE DRIVEWAYS IN RESI- DENTIAL ZONES AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was set for the next regular meeting of the Council, 7:30 p.m. Monday, March 24, 1986. INDEMNITY AGREEMENT An indemnity agreement between the City of Rolling Hills and L. D. Courtright, City Treasurer, was approved on a motion made by Councilwoman Murdock, seconded by Councilwoman Leeuwenburgh and carried unanimously. MATTERS FROM THE CITY COUNCIL CITY SELECTION COMPMITTEE Councilwoman Leeuwenburgh reported that at a recent.meeting of the League of California Cities, Mayor Barbara Doerr of Redondo Beach was elected to the City Selection Committee. Mayor. Hein.sheimer asked that an appropriate letter of congratulations be sent.to Mayor Doerr. DOMESTIC WATER USAGE 2370 Councilwoman Murdock said there appeared to be a difference in estimates of domestic water usage estimated by Mr. Keene and Dr. Hartwig, and she submitted figures on usage of water in her home during the past year, as shown on her water bill, to.the City Manager. ADJOURNMENT The meeting was adjourned at 9:30 p.m. at 7:30 p.m. APPROVED: Mayor -5- to Monday, March 24, 1986 -city C1erly I.