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.
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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
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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.
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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,
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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
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to Monday, March 24, 1986
-city C1erly
I.