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2/28/19723 3,,-5,,- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING -HILLS, CALIFORNIA February 28, 1972 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Sauer at the AdministtAtion Building, 2 Portuguese Bend Road, Rolling Hills, California at 7:30 P.M. Monday, February 28, 1972. ROLL CALL PRESENT: Councilmen Bear, Fay, Hesse,, Pearson, Mayor Sauer ABSENT: None ALSO PRESENT: Teena Clifton* City Manager William Kinley City Attorney W4 Marion Welch City Treasurer C9 ' June Cunningham Secretary 0 Don Hendrickson Architect Donald Adams Resident George Johnson Cecil. Shaver V. R. Turcotte Florence Ziegler League of Women. Voters APPROVAL OF MINUTES The City Attorney requested that on page 2, paragraph 5, the tract number be corrected to read No. 27837, to correspond with the title. A motion to approve the minutes as corrected was made by Coun- cilman Fay, seconded by Councilman Hesse and carried by the following roll call vote: AYES: Councilmen Bear, Fay,, Hesse, Pearson, Mayor Sauer NOES: None ABSENT:, None PERSONAL APPEARANCES V. R. Turcotte, Access from Portuguese Bend Road Mayor Sauer welcomed Mr. V. R. Turcotte, 7 Reata Lane, who advised the Council that he has purchased property at 32 Portuguese Bend Road, and construction of a new home on the property will begin soon. Mr. Turcotte said there is -an access to the property from Portuguese Bend Road, and when the former owner filed for subdivision one of the conditions imposed was relocation of the access a minimum of 60' to the south. He does not intend to divide the property, Mr. Turcotte explained, and he introdu_-ed. his architect, Mr. Don Hendrickson, and requested that he describe, the proposed development of the property. Mr. Hendrickson explained that the property has a 370' frontage or, Portuguese Bend Road, the home will be oriented to face Portuguese Bend Road, and although Mr. Turcotte plans to use Wagon Lane for ingress and egress, and the motor court and garages will be located in that area, -it is Mr. Turcottels wish to have an access from Portuguese Bend Road to be used by guests. In an effort to make the area as safe as possible, Mr. Hendrickson said the access had been moved to a location on Portu- guese Bend Road 80' south of the existing access. Mrs. Clifton reported that the matter had been referred by the Architectural Committee to the Board of Directors, and on January 17th the Committee referred the matter to the City for clarification of . I 3`3 6 February 28, 1.972 the address and entrance from Portuguese Bend Road. The Board had approved the location of the driveway unanimously at the meeting of March 3, 1972; the Planning Commission on. February 15, 1972 had recom- mended unanimously that the request for access from Portuguese Bend Road be den.:ied because the Planning Commission opposes unnecessary access to major thoroughfares in. the Community, and there appears to be adequate access to the home via Wagon Lane. Excrepts from the minutes of the Planning Commission were distributed to the Council. Mrs. Clifton explained that while Mr. Turcotte's property was in. excrow another property in the area was subdivided, and the address 32 Portuguese Bend Road was assigned to the new property. The Manager said it may be necessary to re -number Portuguese Bend Road, due to the numerous subdivisions, but the matter is being studied. Following discussion, a motion. to approve the request for ac- cess from Portuguese Bend Road was made by Councilman Bear, seconded by Mayor Sauer and carried by the following roll call vote: AYES: Councilmen Bear, Fay, Mayor Sauer NOES: Councilmen", Nesse, Pearson ABSENT: None Tract 26343, Final Map-Adamsy_Shaver,_ Johnson. The Manager advised the Council that Messrs. Donald Adams, George Johnson and Cecil Shaver,.owners of property on Cinchring Road were present to request final approval. of Tract 26343. A letter from Mr. Daniel McNabb, 11 Quail Ridge_RoadaSouth had been received, with the request that it be read into the record of the City Council meeting. Mayor Sauer requested that the City Clerk read the letter dated February 25, 1972. Mr. McNabb advised that he was unable to attend the meeting becuase of a business committmen.t, and requested that approval of the final map be withheld until the matterof fences in the easement be resolved 'between himself and Mr. Shaver. The Manager presented a fetter dated January 19, 1972 from the Subdivision Commission of Los Angeles County, and a letter dated February 25, 1972 from the Department of County Engineer, Los Angeles County, recommending a proval of.the map.. Mrs. Clifton said that a bond in the amount of $2,000 had' -been posed by the subdividers for construction of storm drain facilities, and that an agreement between the City of Rolling Rills and Mr.'Cecil J. Shaver had been -executed, and a labor and material bond in :the sum of $2,000 had been posted for removal of fences now existing and'encroaching on the perimeter easement between Lots 1 and 2 of .the tentative tract, and into the easement of Cinchring Road on. Lot. 1, Mr. Johnson requested that -ap- proval of -the tract not be delayed because of a problem or negotiation between Mr. Shaver and Mr. McNabb, who -is not a party to the subdivision. The City Attorney advised :.h.e Council that he had examined the bonds, and found them in good order. Councilman nesse asked for clarification of a note on the final map advising that additional geology would be required prior to issuing of building permits. Mr. Johnson said the note would be advi- sory for future owners, and would indicate a possible need for buttres- sing on any construction. Councilman Bear asked whether the notation would 'be made part of the legal description of the property; Mr. Kinley said it probably would not; buyers of the property would be put on con- structive notice that a geological hazard exists on the property. In addi*iion, Mr. Kinley said that before issuance of any building permits the properties must be approved by the Rolling Hills Community Associ- ation, and by the City Engineer and the Geology section of the County Engineer. -2- 3 3 4, February,e28, 1972 Councilman Bear suggested that the City Council asked the Com- munity Association. to review its restriction on, pre -grading, which, if allowed, might eliminate some of the problems encountered in subdivision. Councilman Pearson said he agreed, and felt such a request to the Associ- ation was in order. He expressed .an uncertainty about whether a good building site exists on. all parcels in the tract currently under con- sideration, anal said he felt pre -grading would be desireable, and would result in more satisfactory subdivisions. Councilman. Pearson then moved that 'tract 26343 be approved, subject to the City Attorney's being as- sured that the note on the map warning of geological. hazards also appear -on-the title report that each prospective buyer will receive. The mo- tion was seconded by Councilman Bear. The City Attorney advised the Council that the owners of the property had met all. the requirements ref. the Subdivision Ordinance of the City of. Rolling Rills, and the City Council does not have the author- ity to impose the additional'requir:emen.t that the legend on the map be included in the title report; their action is to approve or disapprove tD the final map within the requirements of the Subdivision. Ordinance. O Councilman Bear asked the owners of the property if they would be willing to have the warning of possible geologic hazard recorded. Ca Mr. Johnson said it would be recorded as'part of the final map, and that would serve as a warning to future `juyers of the property. Coun- cilman Bear said he meant a separate document; the City Attorney said that it would require an. amendment.pf-the existing restrictions.on the property, or adoption of a new set of restrictions, and would be between the owners and the Association, not the City. Councilman Pearson, sataea that on all subdivisions containing five: or more lots, a White Real Estate Report must be secured from the State of California. The report, which is mandatory, contains inform- ation contained on the final map, and most be signed by peach purchaser of each parcel, Mr. Pearson explained, adding that the purchasers do not always see the final map -of a subdivision. He asked if such a re- port hadbeen obtained. Mr. Johnson said the owners do not intend to obtain such a report, because they consider the tract three lot splits, rather than one large subdivision..'Mr. R.inley said the tract is one subdivision consisting of seven lots, and the White Real Estate Report will be required; Mr. Johnson said the owners would comply with the re- quirement. Councilman Hesse said the report is a requirement for sale of the property, and does not affect.the decision of the City Council regarding approval of the final map.. Councilman Pearson withdrew his motion of approval and Councilman. :Sear withdrew his second. Councilman. Pearson, said the geology report received .from the Geology Department, Los Angeles County Engineer contained six specific requirements that must be met before' -the map could be approved. Coun- cilman Pearson said he is not convinced that all requirements had been met, and asked Mr. Kinley's opinion about whether 'the -owners had com- plied fully. Councilman Pearson, then, moved. approval of the final map subject to assurance from the Cit, Attorney' that all requirements per- taining to geology had been. met. Cou:,rkc:ilman Bear seconded the motion. The City Attorney requested that the Mayor recess the meeting so he could study the requirements and determine whether they had been met; Mayor Sauer so ordered. Mr. Kin.le.y, said he wished to clarify that in so doing he was working on behalf sof the City of Rolling Hills. He stated that he does not represent the developers and has not received any fees from them. He had met with them in. his office and had dis- cussed the subdivision with them and had advised them on, subdivision procedure, Mr. Kinle.y said, and had drawn. up agreements and documents pertaining to the subdivision, and had not received any compensation. Councilman Pearson then withdrew his motion of approval and Councilman. Bear withdrew his second. Mayor Sauer excused the City Attorney and the City Manager from the meeting to review the require- ments for compliance, and proceeded with the agenda items. -3- '338 February 28, 1972 After reviewing the requirements for and action on Tract 26343, Mr. Kinley advised the Council that it was his recommendation that if they approved the final map, the City Clerk `be directed to send to the Real Estate Commissioner of the State of California a copy of the tract map, and advise him that the map falls within the jurisdiction of the Commission, calling his attention to the notation of possible geol.ogi- cal problems on the map. Further, Mr. Kinley said, the owners of the property had indicated that they would 'be willing to comply with the law by obtaining a White Paper Report on the property. Councilman Fay moved that the recommendations of the City Attor- ney be accepted, and that the final map for Tract 26343 be approved, with the additional procedures suggested by Mr Kinley. The motion was seconded by Councilman Hesse and carried 'by the following roll call vote: AYES: Councilmen Bear, Fay, Hesse, 'Pearson Mayor Sauer NOES: None ABSENT: None Councilman Pearson asked whether the map could be altered to include the storm drain location. The. City Attorney said such a change could be made, and the tract approved by an amended motion.. Councilman Pearson said the dissipator for the storm drain project should be moved out of the horse trail on Lot x., and the attorney said the owner should give to the City or Association easement for location of the storm drain as required. Mr. Kinley directed the City Manager to review and approve the location of the storm drain before signing th.e map A motion to amend the motion, of approval was made by Councilman Fay, seconded by Councilman. Hesse and carried by the following roll call vote: AYES: Councilmen Bear, Fay, Hesse, Pearson, NOES: None ABSENT: None CITY MANAGER (ITEMS HELD OiiER.FROM FEBRUARY 14, 1972) Regional Planning Commission, Tentative Tract 27187 Mayor Sauer ordered the matter held on. the agenda. Regional Planning Commission, Tentative Tract 27837 Mayor Sauer ordered the matter;hel.d on, the agenda. Tennis Court, Plans and Specifications Mayor Sauer Councilman Pearson said he had not received any reports from the Tennis Committee, who have pit plans out for bid, and asked that the matter be held on. the agenda. The Mayor so ordered. Riding Ring at City_ Park Mayor Sauer ordered the matter held on. the agenda. Underground Utilities, Richard Colyear Mayor Sauer ordered the matter held on the agenda for a report from the City Manager. CITY MANAGER (NEW BUSINESS) Hillside Rubbish Rubbish. Franchise Mayor Sauer asked Councilman Fay, Chairman, of the Rubbish Committee to review the franchise and report to the Council. -4- 339. February 28, 1972 Board of Supervisors - Property Tax Relief Councilman. Fay requested that correspondence from the Board of Supervisors pertaining to property tax relief be held on the agenda. The Mayor so ordered. Southern California Association of " Govern.men.ts Councilman. Hesse distributed copies of a report he had prepared in response to a questionnaire on the Southern California Regional Avi- ation Systems Study. A draft of a resolution of the City Council sup- porting SCAG's sponsoring the study, urging SCAG to reexamine the val- idity of the basic assumptions in the study, and urging that public hearing 'be held to assure availability of all pertinent evidence prior to reaching any conclusions was presented. Mayor Sauer thanked Councilman YTesse for the time he devoted to the study, and the excellent report that resulted from his study. A motion to approve and adopt the resolution, and waive reading in full was made by Councilman Pearson, seconded by Councilman Bear and carried by the following roll call vote: AWES: Councilmen Bear, Fay, Hesse, Pearson, Mayor Sauer NOES: None ABSENT: None COMMUNICATIONS General. Telephone Company of California A copy of an application by General Telephone Company of Cali- fornia with the Public Utilities Commission for Authority to Increase Certain Rates and Charges was presented to the Council. Mayor Sauer ordered the matter held on the agenda. California Contract Cities Association A report and recommendation for 1972 Budget Proposals from the California Contract Cities Association ..was presented to the Council. The Mayor ordered the report held on the agenda. FINANCIAL STATEMENTS Councilman Bear moved that the Statement of Receipts and Expen- ditures dated January 31, 1972 and the Report of the City Treasurer for January 1972 be approved. and accepted. The motion was seconded by Councilman Pearson, and carried by the following roll call vote: AYES: Councilmen :Sear, Fay, Hesse, Pearson, Mayor Sauer NOES: None ABSENT: None APPROVAL OF DEMANDS Miraleste Swim Pool Fund Councilman Bear moved that Demand No. 152 be paid from the Pooh. Fund o DEMAND NO. PAYEE AMOUNT 152 State Compo Insurance Fund 42.16 -5- February 28, 1972 The motion, was seconddd by Councilman .Fay and carried by the following roll call vote: AYES: Councilmen. Bear, Fay, Hesse, Pearson, Mayor Sauer NOES: None ABSENT: None _ City of Rolling Hills Councilman Bear moved that Demands No. 2201 through 2208 be paid from the General Fund. DEMAND NO. PAYEE AMOUNT 2201 William Pritchard 176070 2202 County of hos Angeles 20804 2203 Vernon M. Fay 42.00 2204 General Telephone Co. 5015 2205 Goodyear Stores 159°73 2206 Southern Calif. Edison Co. 105029 2207 StateCompo Ins. Fund 43,55 2208 Tyler Printing Co. Inc. 16.80 569026 The motion was seconded by Councilman Pearson and carried by the following roll call vote: AYES: Councilmen Bear, Fay, Hesse, Pearson, Mayor Sauer NOES: None ABSENT: None CITY DEPARTMENTS Sheriff's Department Report The report of the Sheriff's Department for the month of December, 1971 was presented to the Council. The report was received and filed. CITY ATTORNEY Proposed Ordinance, Traffic The City Attorney reported that he had additional sections to be inserted in the proposed Traffic Ordinance, and he distributed them to the Council. Mayor Sauer ordered the matter held for discussion at the next meeting of the Council.° Ordinance No. 91, Animals and Fowl. Mayor Sauer ordered the comments from Mr. Seymour Barfield, Public Health Sanitarian, regarding Ordinance No. 91 held on the agenda for discussion at the next meeting of the Council. Mr. Tom Roba, Vicious Dog Complaint Mayor Sauer ordered the matter held on the agenda for a report from the Committee formed to study complaints regarding vicious dogs. The Manager reported that the Roba dog has not been confined to the property, as required under Ordinance No. 790 MATTE P> FROM THE CITY COUNCIL Councilman Hesse requested that a communication be sent to the Planning Commission relative to the Council's decision on access from Portuguese Bend Road for Mr. Vo R. Turcottea He said that.: as a matter 1 3"A-1` wx, February 28, 1972 of policy, the Planning Commission opposes unnecessary access to major thoroughfares, and because there appeared to be adequate access via Wagon Lane, they recommended 'that the request for access from Porte geese Bend Road be denied.In considering the matter,,additional information was presented to the Council, and based on that inform- ation, and because an access to the property from Portuguese Bend Road already exists, the request was granted. Councilman Pearson said he agreed that in principle the Planning Commission's recommenda- tion was of value, and their decision might have been affected by the additional information if it had been presented to the Commission as it was to the Council and the Board of Directors. Mayor Sauer requested that a communication be sent to the Planning Commission. ADJOURNMENT A motion to adjourn the meeting was made at 10:15 P.M. by Councilman. Bear, seconded by Councilman. Pearson and carried by the 0 following roll call vote: AYES- Councilmen Bear, Fay, Hesse, Pearson, Mayor Sauer NOES- None ABSENT: None h ZEN= Mayor -7- City Clerk