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MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
May 12, 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 Pernell
at 7:30 p.m. Monday, May 12, 1986.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
CONSENT CALENDAR
Councilmembers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
Councilman Heinsheimer
Terrence L. Belanger
Michael Jenkins
L. D. Courtright
June Cunningham
Lt. Grant Johnson
Martin Murphy
Sam W. Peterson
Douglas Schwantes
Zoltan Katinsky
Morley Mendelson
Jerry Faris
Anne LaJeunesse
William Cross
Dr. & Mrs. F. Hartwig
Lowell Lusk
Mr. and Mrs. Paul Mitchell
Mrs. Catherine Partridge
Bruce Raine
Miss Becky Raine
Damoder Reddy
City Manager
City Attorney
City Treasurer
Deputy City Clerk
Sheriff's Lomita Station
County Dept. Public Works
Consulting Engineer
Geotechnical Engineer
Applications Engineer
Attorney
Los Angeles Times
Palos Verdes News
Resident
At the request of the City Manager, item e., Acceptance of
Easement Landscaping, was removed from the agenda, and deferred
to the meeting on May 27, 1986.
Items a through d and item f on the Consent Calendar were
approved on a motion made by Councilwoman Leeuwenburgh, seconded
by Councilwoman Murdock and carried unanimously.
APPROVAL OF MINUTES
The minutes of a meeting on April 28, 1986 were approved and
accepted as presented.
PAYMENT OF BILLS
Demands No. 1336 through 1355; 1357 through 1361 and 1363
through 1371 were approved for payment from the General Fund in
the amount of $27,799.36. Demands 1356 and 1362 were voided:
RESOLUTION NO. 547
Resolution No. 547 entitled A RESOLUTION OF THE CITY OF ROLLING
HILLS APPOINTING AN ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICT NO. 5, designating Mayor Pro Tem
Gordana Swanson as an alternate member of the Board of Directors
of the Sanitation District was adopted unanimously.
RENEWAL OF AGREEMENT FOR EXAMINATION OF TRACT MAPS AND PARCEL MAPS
The City Manager advised the Council that the current agreement
between the County of Los Angeles and the City of Rolling Hills
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May 12, 1986
for examination of tract and/or parcel maps will expire on June
30, 1986. Mr. Belanger recommended that the Council approve renewal
of the agreement for a period commencing July 1, 1986 through June
30, 1991. The recommendation was approved and the contract was
renewed by unanimous vote of the Council.
ACCEPTANCE OF FISCAL YEAR 1985 AUDIT REPORT
The Manager reported that the City's auditor has certified
that he has examined the combined financial statements for the
various funds of the City of Rolling Hills in accordance with
generally accepted auditing standards, and that the statements
included in the audit report fairly present the financial position
of the various funds for the City of Rolling Hills as of June 30,
1985. The City Manager recommended that the City Council accept
the audit report for fiscal year ended June 30, 1985 and file it
in the appropriate manner. The Manager's recommendation was approved
by unanimous vote of the Council.
STATUS OF MUNICIPAL LIABILITY INSURANCE, 1517
The City Manager advised the Council that the City's application
for membership in the Coachella Valley Joint Powers Insurance
Authority has been approved, and the City is eligible for general
liability insurance commencing May 1, 1986 through May 1, 1987
in the amount of $1,000,000 per occurrence. Mr. Belanger said
the proposed self insurance retention level is $25,000, and the
annual premium is $20,000. He noted that the self-insurance program
established by the City in 1986 set a self-insurance retention
level of up to $50,000 and provided for an annual insurance premium
not to exceed $50,000. It was the Manager's recommendation that
the Council approve the City's membership in the Coachella Valley
Joint Powers Insurance Authority, that the self insurance retention
level be established at $25,000, that the annual premium be
authorized for payment to the CVJPIA, and that a delegate and
alternate be appointed to the Board of Directors of the Coachella
Valley Joint Powers Insurance Authority. Mr. Belanger explained
that a representative of the City is required to attend a monthly
meeting of the CVJPIA, and the representative could be a member
of the Council or staff.
Councilwoman
the City Manager
by Councilwoman
vote:
AYES:
NOES:
FA��
Swanson moved that the
be approved and accepted.
Murdock and carried by
recommendations made by
The motion was seconded
the following roll call
Councilmem-bers Leeuwenburgh, Murdock, Swanson
Mayor Pernell
None
Councilman Heinsheimer
PUBLIC HEARING, AMENDMENT TO ZONING ORDINANCE RE: NON-COMMERCIAL
RADIO AND TELEVISION ANTENNAE IN RESIDENTIAL ZONES
Mayor Pernell opened a public hearing to consider a proposed
ordinance which would amend the City's Zoning ordinance by making
installation of non-commercial radio antennae in residential zones
a permitted use. The City Clerk reported that a notice . of the
public hearing was duly published as required by law. I
Mr. Belanger explained that the proposed ordinance would amend
the Zoning Ordinance and municipal Code by deleting the requirement
that a Conditional Use Permit be obtained for installation of a
non-commercial antenna, and would make such installation a permitted
use, provided there is a residence as a primary use of the property
on which it is to be installed. Minimum and maximum heights for
antennae are specified in the proposed ordinance, and if a resident
wishes to install a non-commercial antenna which would exceed the
height limitation specified in the proposed ordinance application
for a Variance would be required.
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Mr. Morley Mendelson advised the Council that he is an attorney
present to represent Mr. Robert Mohr, who is in the process of
acquiring a piece of property on Crest Road. Mr. Mendelson said
Mr. Mohr has an objection to the proposed ordinance, and he asked
that Mr. Mohr's property be exempted from the requirement that
a residence be built as a primary use, since it would be impossible
for Mr. Mohr to use the site as presently planned and as agreed
to by the Rolling Hills Community Association. Mr. Mendelson asked
that the City Council review documents submitted to the City
regarding the settlement on the site before voting on the proposed
ordinance. Further, Mr. Mendelson requested additional time to
submit written comments to be considered as part of the public
hearing process, explaining that he was advised of the public hearing
by the City Attorney, but did not see a copy of the proposed
ordinance prior to the Council meeting. Mr. Mendelson said the
matter with the Association was settled before the court on April
7, 1986, and prior to the settlement he was not in a position to
know whether to comment.
Following discussion with the City Attorney and members of
the Council, Mayor Pernell granted an extension of time for
submission of written comments by Mr. Mendelson to the next City
Council meeting on May 27, 1986, and closed the public hearing
to all other testimony.
Councilwoman Murdock moved that
AN ORDINANCE OF THE CITY OF ROLLING
RADIO AND TELEVISION ANTENNAE IN
THE ROLLING HILLS MUNICIPAL CODE
in full be waived. The motion was
and carried unanimously.
the proposed ordinance entitled
HILLS RELATING TO NON-COMMERCIAL
RESIDENTIAL ZONES AND AMENDING
be introduced and that reading
seconded by Councilwoman Swanson
PUBLIC HEARING, ORDINANCE ADOPTING COUNTY ELECTRICAL CODE
Mayor Pernell opened a public hearing on a proposed ordinance
which would adopt the Los Angeles County Electrical Code and amend
the Rolling Hills Municipal Code. The City Clerk reported that
the proposed ordinance was introduced at the City Council meeting
on April 14, 1986, and notice of the public hearing was duly
published as required by law. The Manager recommended that the
Council approve the ordinance and adopt the Los Angeles County
Electrical Code by reference.
ORDINANCE NO. 212
Councilwoman Leeuwenburgh moved that Ordinance No. 212 entitled
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE
THE LOS ANGELES COUNTY ELECTRICAL CODE AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE be adopted, and that reading in full be waived.
The motion was seconded by Councilwoman Murdock and carried
unanimously.
STATUS OF FLYING TRIANGLE
Copies of a letter dated May 9, 1986 from the Director of
Public Works regarding review of a concept proposed by Dr. Fritz
Hartwig for buttressing a portion of the Flying Triangle landslide
were distributed to the Council. The City Manager advised that
Mr. Martin Murphy of the Los Angeles County Department of Public
Works was present to discuss the County's review of the proposal
and he noted that Mr. Sam Peterson, consulting engineer, and Mr.
Douglas Schwantes, consulting geotechnical engineer, were also
present at the meeting. The Manager said Dr. Hartwig's proposal
has been reviewed by the consulting engineer's and their comments
were presented at the last meeting. Following a presentation by
Mr. Murphy on the County's review of the proposal, the three
engineers would be available for questionning by persons present.
Mr. Murphy said that although the concept does have promise,
there are items that would have to be addressed before the Council
moves ahead with the proposal. Mr. Murphy reviewed 15 items listed
in the County's review, and he said the boundaries of the slide
have been increasing, and it is the County's opinion that they
should be better defined.
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May 12, 1986
In summary, Mr. Murphy said that although Dr. Hartwig's concept
does appear to be promising, a lot of the other considerations
would add to the estimated cost, and further investigation is
recommended. Mayor Pernell asked Mr. Murphy whether the County's
Department of Public Works and its geology section are capable
and willing to perform those investigative procedures Mr: Murphy
has recommended, as well as the supervisorial functions referred
to in the recommendations. Mr. Murphy said the County would
be willing to do a design review, but would recommend that an
outside firm be retained by whoever does the work; someone with
the expertise to perform the recommended supervision and
inspections.
Mayor Pernell invited Mr. Peterson and Mr. Schwantes to comment.
Mr. Peterson said he concurs with the County's review of Dr:
Hartwig's proposal, stating that it is more detailed than his
report. He said the constant movement in the slide area makes
it difficult to determine a point at which the situation is static
enough to decide what should be done. Mr. Peterson said the
day to day movement and enlargement of the boundaries add to
the dilemma of what is stable and what is still moving..
Information reviewed by Mr. Schwantes since the last meeting
indicates that there is no information available that would add
to the report made by him at the last meeting, or to the report
made by Mr. Murphy at this meeting. Mr. Peterson said the City
must decide whether to attempt to do something that would help
two or three houses, or whether to attempt to do something to
help the entire slide area. Mr. Schwantes said that he agrees
with Mr. Peterson's comments, and it was his opinion that their
report is similar in findings and conclusions to the County's
report. He said he agrees that soil buttressing is a very good
and realistic way of stabilizing almost any landslide, if there
is stable ground to found the buttress on. Right now it is not
possible to determine where such stable ground can be located
in the Flying Triangle. Mr. Schwantes said he personally thinks
it would be a mistake to attempt to stabilize just a small portion
of the eastern sector of the Flying Triangle landslide.
Councilwoman Swanson asked Mr. Schwantes to explain his statement,
and he said there is a possibility that buttressing a localized
area could make the total slide situation worse by deflecting
the movement that is now going toward Klondike Canyon, redirecting
it toward Flat Top, rather than having the desired effect of
stopping the slide.
Dr. Hartwig said he disagrees with statements made by Mr.
Peterson and Mr. Schwantes claiming that they agree with the
County. Dr. Hartwig said they actually disagree with the County
in stating that they don't actually know what is going on in
the slide. Dr. Hartwig said statements about the possiblility
of accelerating the slide are pure guesses without data to back
up the statements about the possible acceleration. Dr: Hartwig
said he questions their credibility,. calling the statements pure
conjecture, especially with regard to danger and possible
acceleration of the slide. Dr. Hartwig reviewed his qualifications
with the Council, explaining that he is not a geologist; but
has five engineering degrees and has taught graduate courses
in engineering as a professor, and is currently employed as an
engineer, reviewing reports and proposals,. and he said he is
qualified to evaluate the reports on his proposal. Dr: Hartwig
recommended that the report prepared by Mr. Peterson and Mr.
Schwantes not be accepted, stating that it is not an engineering
report. Mr. Peterson said his report was prepared following
review of material provided by the City Manager, and suggested.
that on page 2, second paragraph from the end, in line 5 the
word "conclusion" be deleted, and "statement" be inserted: Mr.
Peterson said the intent of the report was to.make recommendations,
and not submit a proposal, since a massive engineering study
would be required before a proposal could be prepared: Further,
Mr. Peterson said his report does not differ from opinions in
the report prepared by the Department of Public Works.
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May 12, 1986
Mayor Pernell said it is his opinion that the Council did
not consider Mr. Peterson's report a proposal, and was aware
at the last meeting that only a limited amount of information
was reviewed, prompting the Council to direct the Manager to
furnish additional information to Mr. Peterson and Mr. Schwantes.
Mr. Schwantes said that he has reviewed a report prepared for
the Community Association by William.Cotton and Associates more
than three years ago which addressed a recommendation made by
the County in 1981. The cost estimate for filling the west
Klondike Canyon area, which is a very limited area, plus some
tie backs, anchors, and some drainage, was $5 million. Council-
woman Leeuwenburgh said the report alluded to was prepared for
a group of homeowners in the Flying Triangle, not the Rolling
Hills Community Association.
Councilwoman Swanson said she thought it took too long for
the County to submit a report to the Council. Mr. Murphy explained
that Dr. Hartwig's proposal was reviewed by several County
departments, and the report was prepared based on input from
(� several sources.
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Mayor Pernell said that after receiving Dr. Hartwig's proposal
the Council had agreed that it should be evaluated for technical,
LL m economic and legal feasibility. He directed that the technical
reviews by the County and private consulting engineers be received
Q for the file. The City Manager said both reports indicate a
need for additional information before either source would say
without qualification that the City should proceed with the
proposal from a technical point of view. Mr. Belanger said it
must be determined whether the proposal for financing submitted
by Dr. Hartwig is truly reflective of today's market, and the
scope of the project, including drainage and other factors, must
also be determined. Dr. Hartwig's proposal is for 200M+ yards
of soil in the two canyons, and it is his opinion that a
sophisticated engineering study and design would be needed before
proceeding, and that has not been addressed in the proposal. In
response to questions by the Mayor, the Manager said he would
provide a staff report for the first Council meeting in June,
and would address both reports in the frameworkof logistic and
financial considerations. Mayor Pernell ordered the matter held
on the agenda for a staff reponse by the City Manager at the
City Council meeting on June 9, 1986.
OPEN AGENDA
Mayor Pernell invited comment from persons present on matters
not on the agenda.
PERSONAL APPEARANCE, ROLLING HILLS BOARD OF REALTORS REPRESENTATIVE
David Moyers, Vice President and General Manager of Very
Important Properties, advised the Council that he is Co -Chairman
of the Palos Verdes Estates and Rolling Hills Multiple Listing
Services joint Computer Committee and requested authorization
to reprint the City's logo on the front cover of the joint MLS
book used confidentially by the current members of the service.
Mr. Moyers explained that the service wishes to use all logos
of the four Peninsula cities in a quadrant indicating the primary
geographic areas served.
Mayor Pernell explained that items presented to the Council
during the open agenda portion of the meeting are not acted on
by the Council, and he said the matter would be taken under
submission and the matter would be considered at the next regular
meeting.
MATTERS FROM CITY COUNCIL
NEIGHBORHOOD WATCH
Councilwoman Leeuwenburgh reported that she has met with
Sgt. John Texeira of the Sheriff's Lomita Station and
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May 12, 1986
representatives of the Rolling Hills vomen's Community Club to
re -activate the Neighborhood Watch Program in Rolling Hills. She
said residents would also be encouraged to take advantage of
the home security check offered by the Sheriff's Department.
TRAFFIC COMMISSION RECOMMENDATION RE: SIGN FOR JOGGERS
Councilwoman Leeuwenburgh, in her capacity as Chairman of
the Traffic Commission, displayed a sign which was approved by
the Traffic Commission with a recommendation that the Council
authorize installation of four signs; one at each gate entering
the City, and one at the intersection of Crest Road and Eastfield
Drive. The text of the signs advises joggers to run at the edge
of the roadway, in single file and facing traffic, pursuant to
Ordinance No. 185. Councilwoman Leeuwenburgh said they would
be placed on posts with existing signs.
In discussing the recommendation, the Council suggested
that the signs be manufactured with printing the size shown on
the sample, and that the background be reduced in size, to produce
a smaller sign than the sample. Councilwoman Murdock said that
skateboarders also present a hazard, and there is an ordinance
prohibition of skateboarding that obviously is not being enforced.
Mayor Pernell said the hazard is present because of the method,
not the activity, and he said four walkers, walking abreast,
are as much of a hazard as joggers or skateboarders.
Mayor Pernell asked Councilwoman Leeuwenburgh to return
the matter to the Traffic Commission with a request that safety
for pedestrians as well as joggers be addressed.
ASSEMBLY BILL 2674
Councilwoman Swanson said she wished to call the Council's
attention to AB 2674 which is currently before the Senate's Local
Government Committee. The measure would amend the Brown Act
by making certain changes, including posting of the Council's
agenda 72 hours in advance of the meeting, and providing that
no action be taken by the Council on matters other than that
on the posted agenda, unless determined by the Council to be
an emergency, or is brought up by 2/3 of the Council members.
The City Council will also be required to provide a time for
public input at a Council meeting. It was noted that the Rolling
Hills Council already complies, by scheduling an Open Agenda
for public comment at 8:00 p.m. at each Council meeting.
LEAGUE OF CALIFORNIA CITIES LEGISLATIVE CONFERENCE 2075
Councilwoman Swanson said the League of California Cities
Legislative Conference will be held on June 9 and 10, and she
noted that the first Council meeting in June is scheduled for
June 9.
MATTERS FROM STAFF
RETIRED EMPLOYEES' TALENT BANK
The Manager advised that participation by Rolling Hills
in a proposal from South Bay Cities Association for formation
of a retired employees' talent bank would cost Rolling Hills
an estimated $3,000 per year, and he asked that the Council provide
direction on whether to proceed to obtain information and evaluate
the proposal. Councilwomen Murdock and Swanson indicated that
they would be interested; Councilwoman Leeuwenburgh and Mayor
Pernell said they were not interested.
TRANSFER OF FUNDS
2156
The City Manager advised the Council that it is necessary
to transfer $10,000 from the City's unappropriated reserves to
the Insurance Fund to cover participation by the City in the
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May 12, 1986
Coachella
chella Valley Joint Powers Insurance Authority. Councilwoman
Murdock moved that the transfer be made as recommended by the
City Manager, to increase the line item in the budget for insurance
to $30,000. The motion was seconded by Councilwoman Swanson
and carried unanimously.
RECESS TO LITIGATION SESSION
Mayor Pernell recessed the meeting to a litigation session
at 8:25 p.m.
MEETING RECONVENED
The meeting was reconvened at 9:30 p.m. and Mayor Pernell
was excused.
COMMITTEE ASSIGNMENTS
The City Manager advised the Council that he had provided
(D each member with a list of committees, showing the assignments
LD in previous years. Mayor Pro Tem Swanson said assignments would
0) be deferred to the next regular meeting.
LL APPOINTMENT OF DELEGATE AND ALTERNATE TO CVJPIA.
The Manager advised the Council that either a member of
the Council or staff is required to attend the monthly meeting
of the Coachella Valley Joint Powers Insurance Authority, and
the next meeting is scheduled for Tuesday, May 20, 1986. The
Council voted unanimously to appoint Mayor Pernell delegate to
the CVJPIA, and name the City Manager as alternate, to attend
in the absence of the Mayor.
ADJOURNMENT
The meeting was adjourned at 10:00 p.m. to Tuesday, May
27, 1986 at 7:30 p.m., since the regular meeting date, Monday
May 26 is a holiday in observance of Memorial Day.
APPROVED:
Mayor
mrz
City Clerk