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9/26/1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA September 26, 1977 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, September 26, 1977. ROLL CALL PRESENT- rz0-1m ALSO PRESENT: APPROVAL OF MINUTES Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker Councilwoman Swanson, City Manager Teena Clifton William Kinley June Cunningham Richard Bagby Douglas McHattie John J. Altenburg Ron Hammerle Mr. & Mrs. E. Chaffee Mr. & MRs. E. Doak Mrs. P. Hathaway Dr. & Mrs. R. Hoffman Mrs. K. Kelly Mr. & Mrs. R. Kercheval Mrs. M. Kredel M. Langer F. Raine Mr. & Mrs. T. Major W. Smith Dr. S. Wolinsky City Attorney Deputy City Clerk Dept. of Bldg. & Safety South Bay Engineering Attorney Contractor Residents The corrected minutes of the meeting of August 8, 1977 were approved and accepted as presented on a motion made by Councilman Rose, seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES- Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES- None ABSENT- Councilwoman Swanson The minutes of the meeting of September 12, 1977 were approved and accepted as presented on a motion made by Councilman Heinsheimer, secon- ded by Councilman Rose and carried by the following roll call vote: AYES. Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES- None ABSENT- Councilwoman Swanson FINANCIAL STATEMENTS The Financial Statements for July 1977 and August 1977 were approved and accepted on a motion made by Councilman Heinsheimer, seconded by Councilman Rose and carried by the following roll call vote: AYES- Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES- None ABSENT- Councilwoman Swanson 4 September 26, 1977 PAYMENT OF BILLS Councilman Rose moved that Demands No. 6467 through 6497 in the amount of $40,407.14 be paid from the General Fund, The motion was seconded by Councilman Pernell and carried by the following roll call votes AYES- Councilmen Heinsheimer, Pernell,kRose, Mayor Crocker NOES- None ABSENT- Councilwoman Swanson TENTATIVE MAP, TRACT 33248, KREDEL-HATHAWAY 105 The tentative map for Tract 33248, proposed subdivision of Lot 84-RH, 8 Blackwater Canyon Road, into two parcels consisting of 2,519 acres gross and 3.458 acres gross in the RAS -2 zone was presented to the Council. At their meeting on August 16, 1977 the Planning Commis - sign approved the tentative map and Planning Advisor's Report dated June 14, 1977 and forwarded them to the Council with a recommendation that the tentative tract'be approved, subject to conditions imposed by �r the Planning Commission with regard to an agreement for improvement of Blackwater Canyon Road, granting of bridle trails and slope easements and underground utilities. Mayor Crocker asked that the tentative map signed by Planning Commission Chairman Riegel be made available to the Council at the next meeting. Mr, Douglas McHattie, South Bay Engineering Corp., advised the Council that all requirements of the Planning Advisor's Report and the Planning Commission will be satisfied. An agreement for sharing the cost of the improvement of Blackwater Canyon Road, signed by Roger and Rhea Meurer, Gary and Patricia Hathaway and Frank and Marlene Kredel has been submitted and made part of the file. The Environmental Im- pact Report, approved and accepted by the Environmental Quality Board on June 6, 1977, is on file. Mr. McHattie said the property has been staked to define the proposed division of land. Mrs. Patricia Hathaway was present at the meeting, and in answer to questions from the Council, she stated that it is not known at this time whether the existing resi- dence will be occupied by the Kredels or the Hathaways; it is planned that one family will occupy the existing home and the other family will build a new residence on the new parcel. A field trip to the site was scheduled for Sunday, October 9, 1977 at 10-00 A.M., and with the consent of the owners, the matter was held on the agenda for discussion at the next meeting. PUBLIC HEARING, PROPOSED ZONE CHANGE NO. 4, FLYING TRIANGLE AND EXTENSION 171 Mayor Crocker opened the meeting of a Public Hearing to consider a change from RAS -1 Zone to RAS -2 Zone for the Flying Triangle and Flying Triangle Extension, approved by the Planning Commission on August 16, 1977, and forwarded to the Council with a recommendation that the zone be changed and the Zone Map amended. Mayor Crocker displayed the proof of publica- tion of the public hearing, as required by law. In a memorandum to the Council dated September 22, 1977, Councilwoman Swanson said she would not be present at the hearing and wished to ex- press some of her concerns about land in the Flying Triangle Extension owned by Palos Verdes Properties. Because of portions of unstable land in the parcel, Councilwoman Swanson suggested that unstable land should not be counted in the two acre minimum requirement, and the two acre parcels should be net, excluding easements and unstable land. The memorandum was -2- September 26, 1977 made part of the file after being read into the record by Councilman Heinsheimer. Mayor Crocker said it was his opinion that when in the future sub- division of the property was being evaluated, the City should require that only a geologist approved by the Council, one with adequate liability insurance, should be authorized to do the required work and prepare the required reports, and general instability of the area should be consid- ered when lot design is being approved. Mr. Michael Kochan, General Manager of Palos Verdes Properties, advised the Council that he had attended the hearings before the Planning Commission and had nothing to add at this time. Dr, Richard Hoffman, 73 Portuguese Bend Road, said he wished to state for the record that a letter dated May 7, 1977, signed by a majority of the residents in the Flying Triangle, was submitted requesting that their property be rezoned from RAS -1 to RAS -2o Councilman Pernell stated that the initial proposal was modified to include two Miscellaneous parcels adjacent to the Flying Triangle Tract, and the clerk verified that the legal description included the miscellaneous parcels. Mayor Crocker thereafter closed the public hearing. Councilman Rose moved that zoning in the Flying Triangle and the Flying Triangle Extension and two contiguous Miscellaneous Parcels be changed from RAS -1 to RAS -2 zone, and that the zoning map and zoning ordinance be amended. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES- Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES: None ABSENT- Councilwoman Swanson REQUEST FOR CERTIFICATE OF COMPLIANCE, FLYING TRIANGLE EXTENSION 210 In a report to the Council, the Manager advised that as directed by the Council, the request by Palos Verdes Properties for a Certificate of Compliance for the Flying Triangle Extension was presented to the Plan- ning Commission at their meeting on September 20, 1977 for review and recommendation. After considering the matter and hearing comments from the City Attorney and Mr. Larry Tracy, attorney for Palos Verdes Proper- ties, the Planning Commission unanimously recommended that the City Council approve the request and direct that staff be directed to proceed with the certificate, with the stipulation that no specific number of lots be guaranteed as part of the Certificate of Compliance. Mr. Tracy advised the Council that he was present at the Planning Commission meeting, and although the Commission did not wish to specify any number of building sites in the parcel, Palos Verdes Properties, as owners, must designate a certain number of lots when conveying title to the property, and after discussing the matter with the Manager and Mr. Kinley, it was determined that eight would be an appropriate number at this time, Further regulation would be through the zoning and subdivis- ion ordinance, Mr. Tracy said. Mr. Tracy said that approving the issu- ance of a Certificate of Compliance would not imply endorsement of devel- oping the property into a specific number of sites. Councilman Rose moved that the Council authorize issuance of a Certificate of Compliance which would sever approximately 20 acres in the City of Rolling Hills from the rest of the parcel which is outside of the City, but would not guarantee or imply approval of any specific number of lots in the parcel, and with the understanding that when geo- logy reports are required, the City will require a formal report by a -3- Lam' 1: September 26, 1977 firm which has been approved by the'Cityo- The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Heinsheimer, Pernell,lRose, Mayor Crocker NOES: None ABSENT: Councilwoman Swanson PUBLIC HEARING, ROLLING HILLS BUILDING REHABILITATION APPEALS BOARD 254 Mayor Crocker opened a meeting of a Public Hearing before the City Council acting as the Rolling Hills Building Rehabilitation Ap- peals Board on property owned by Mrs. Anna Marie Littlejohn at 88 Sad- dleback Road. Mr. John Juergen Altenburg stated that he was Mrs. Littlejohn's attorney and was present to represent Mrs. Littlejohn at the hearing. Mr. Ron Hammerle advised that he was a general contractor hired by Mrs. Littlejohn to rehabilitate the property, which has been 00 vandalized. Mr. Richard Bagby represented the Department of Building C^ and Safety, Los Angeles County Engineer, who initiated the action at the request of the City Council. Mr. Altenburg identified photographs submitted by Mr. Bagby as pictures of the property being discussed for purposes of the record. Mr. Bagby advised the Council that the initial letter of defects, defining the substandard conditions under the City of Rolling Hills Building Code, was sent to Mrs. Littlejohn at her address in Pasadena on August 3, 1977, and a copy of the letter was posted on the property on August 9, 1977. Subsequently, the attorney requested and was granted time extension, and temporary power was restored to the site so rehab- ilitation could proceed. Mr. Bagby advised that at the last inspection made on September 26, just prior to the hearing, it was determined that although the swimming pool had been cleaned out, it had not been filled or fenced, and work was being done on the property without the necessary permits or plans. The County has recommended that the Council establish October 1 as the starting date and require that the pool be filled in or fenced within ten days, not later than October 11; that the structure be secured against unlawful entry and so maintained until repaired within thirty days, not later than October 30; and that the structures be re- paired or demolished by November 15. Prior to any repair plans for the project must be submitted and approved and all necessary permits obtained. Mr. Altenburg asked to whom the plans should be submitted. Mr. Kinley said that plans for rehabilitation and return to original condi- tion should be submitted to the Building Department of the City of Rolling Hills; any exterior changes or additions must be submitted to the Rolling Hills Community Association Architectural Committee. Mr. Altenburg explained that some remodeling is being planned and would be submitted as required, but he stated that prior to redesigning and re- building the home, initial restorative steps would be taken as outlined by Mr. Bagby. Mr. Hammerle advised that rooms in the garage area are being repaired, and a temporary kitchen unit will be installed, to be removed when a new kitchen is installed in the residence. A caretaker will occupy the quarters in the garage area in an effort to eliminate vandalism on the property. Mr. Hammerle said he had discussed the re- habilitation with the City Manager and with Mr. Ivan Bullum, District Engineer, and would obtain the required permits and make every attempt to meet the dates established, but he expressed doubt that the structure could be completed by November 15. He assured the Council that the pool could be fenced in ten days, and the structure could be secured within thirty days. Mayor Crocker suggested that the contractor proceed, and report to the Council at the first meeting in November and request a time extension at that time, if necessary. Mr. Bagby explained that the County needs a specific date which can be extended if requested, -4- September 26, 1977 and he recommended that the Council specify a date by which preliminary plans must be submitted. Councilman Rose moved that the Council accept the City Engineer's recommendation and require that the pool be filled no later than Octo- ber 11, the structure be secured against unlawful entry by October 31, and that preliminary plans for total rehabilitation be submitted by December 1, 1977; further, that the final date for completion of repair or demolition be January 15, 1978. Mayor Crocker seconded the motion, which carried on the following roll call vote: AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES: None ABSENT: Councilwoman Swanson The Mayor directed that a copy of the minutes of the meeting re- porting the Council's action be sent to Mrs. Littlejohn and her attorney, Mr. Altenburg. FINAL MAP, TRACT 31906, ROBERT STANDER, 11 SADDLEBACK ROAD 292 Copies of a letter dated September 14, 1977 from Stephen J. Koonce, Acting City Engineer, Department of County Engineer, recommending that the City Council approve the final map for Tract 31906 were presented to the Council. A letter dated August 29, 1977 from Robert Ho Crawford, Chairman of the Subdivision Committee of Los Angeles County, recommended that the Council accept the final map and title sheet of the tract for recordation, stating that the final map complies with requirements speci- fied by the Council in action on the tentative map on June 23, 1976° A list of re uired improvements and assignment of a savings account in the amount of 38,374.00 to guarantee completion of the improvements were also submitted for Council review. Mr. Kinley advised the Council that he had reviewed all contracts, agreements and proposals in connection with the tract, and found them in order. The final map was approved on a motion made by Councilman Rose, seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES. . None ABSENT: Councilwoman Swanson CROSS COUNTRY TEAM 302 Mrs, Kathy Kelly, 2 Pinto Road, advised the Council that she was concerned about cross country runners from the local high schools who run through the City, since they run in groups, spread out across the road and present a hazard to auto traffic during after-school hours. Mrs. Kelly said that on Monday she was pulling a horse trailer up Por- tuguese Bend Road and was behind another resident who was also pulling a horse trailer, and the students refused to give way, causing both drivers to come to a full stops Councilman Pernell said he would call the principal of Miraleste High School and request that students be instructed to give way to traffic, Mr. Kinley suggested that in addition, the matter be brought to the attention of the Board of Directors, since it is a matter of traffic safety for the Council, and involves roads and easments of the Polling Hills Community Association. 512 J September 26, 1977 DR. SAM WOLINSKY, 8 REATA LANE 326 Dr. Sam Wolinsky, 8 Reata Lane, requested that the ditch on his property be filled in if the City is willing to proceed with their pro- posal to allocate funds to the project. Further, Dr. Wolinsky stated that he disagrees with certain statements in a letter from Mr. Kinley to his attorney, since he has a statement from Mro Carl Peternell, a former resident of Reata Lane, that the road was in existence prior to installation of the pipe line. Because the rainy season is approaching, Dr. Wolinsky said he is anxious to have the ditch filled as soon as possible, and he has been advised that Mr. Kirk Gillette has fill avail- able.and would be willing to make it available for the cost of trucking it to the site, Instead of using piping under the road, it has been proposed that a Swale be placed across the road, and Dr. Wolinsky said he wished to know whether it would be a feasible alternative or whether it could cause recurrent damage to the road. Mayor Crocker said there are two problems; the drainage, and the damage it causes. He said he would be reluctant to try to have the damage repaired without elimin- ating the cause, and he thought the source of the drainage should be corrected. Councilman Pernell suggested that the matter be referred to the Manager, and Dr. Wolinsky said he had discussed the recommendation �+ with Mrs. Clifton but she stated that it would have to be presented to the Council, since they would have to allocate the funds and approve an expenditure for the purpose. Councilman Heinsheimer suggested that the staff be authorized to spend certain funds in an appropriate way to solve specific problems, Dr. Wolinsky said the erosion was caused by the pipeline, which is not a proper installation in his opinion, and would not be allowed if a permit was requested by an individual, there- fore Dr. Wolinsky said he considers the City liable for the improper installation and resulting damage to his property, and does not consider ,it his liability, requiring additional expenditure by him. Dr. Wolinsky said the cost to correct the defect was estimated to be $20,000, and the Council has allocated $10,000 for drainage expenditures. Dr. Wolinsky said he is not willing to pay the additional $10,000° Dr. Wolinsky said he wished to request that where the erosion is on the side of the road, the drainage be diverted to the stream and the ditch that has occurred along the side of the road be filled in. Mayor Crocker clarified the request to state that Dr. Wolinsky wished to re- quest that the Council authorize channeling of the water as it reaches the roadway to go under the roadway and to the stream bed, filling in the ditch that runs along the roadway to Poppy Trail as a satisfactory solution to the problem; Drs Wolinsky verified that that was his request, Mayor Crocker said that since the matter was not scheduled -on the regular agenda, he wished to schedule,the matter for the next regular Council meeting, and he asked Dr. Wolinsky to have his attorney put his request in writing to be submitted to the Council for inclusion on the agenda REQUEST FOR RELEASE OF BONDS, TRACT 29383 540 Mr, William Smith, owner of property on Buggy Whip Road which he purchased from Mr. Clifton Hix following recordation of Tract 29383, appeared before the Council and asked that the road bond in the amount of $54,300 and monument bonds in the amount of $730 be released, since letters have been sent to the City by the Road Commissioner and the Acting City Engineer stating that the work has been completed and inspected, and recommending that the bonds be released. Mayor Crocker said he was advised by the City Manager that the bonds were being retained because of a geology problem in the riding ring, Mr. Smith explained that the ring was not included in the property he purchased, and that bonds to guarantee the ring were September 26, 1977 posted by Mr. Hix. The City Attorney reviewed the bonds posted by Mr. Smith and Mr. Hix, and verified that Mr. Smith purchased the land ex- clusive of Lot 7, which contains the ridinring deeded to the City by Mr. Hix, and that a bond in the amount of 9,700 for grading and buttress fill of the ring was posted by Mr. Hix for that parcel. Mayor Crocker directed that the matter be placed on the agenda for action at the next meeting. PROPOSED CHECKLIST FOR PLAN SUBMITTAL 630 A proposed checklist of information which must be included on any plan submitted to the Planning Commission, as amended by the Commission at their meeting on September 20, was presented to the Council for re- view and recommendation, Mayor Crocker recommended that when plans are submitted, there should be a geology report done within two years included, and the financial capabilities of the geologist should be furnished with the report, if not already on file. Further, the Mayor recommended that the Engineer be required to certify in writing on the plan that specific requirements of the ordinances, such as total coverage of net lot area, have been met, so that if any misrepresentation is made, the Council will have the certified plan as evidence of information submitted by the engineer. He recommended that condition 8 be amended to state "All cut and fill slopes must be shaded." The Council agreed that the checklist should be retyped to contain the additional comments made by the Council and referred to the Plan- ning Commission at their next meeting. PLANNING COMMISSION MEMO RE: TENTATIVE MAP APPROVAL Mr. Kinley referred to a memo dated August 5, 1977 to the Council from the Planning Commission, requesting that after approving tentative maps forwarded by the Commission, the Council refer the tentative map back to the Planning Commission if additional modifications are granted or additional conditions are attached to the approval by the Councils Mr. Kinley said the action of the City Council is final, and there is no provision for additional review by the Planning Commission, and he recommended that they be so advised. PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE 750 Mr. Kinley submitted a proposed ordinance which would amend certain inconsistencies and a typographical error in Zoning Ordinance No. 33, and he recommended that Ordinance No. 152, providing for review of Planning Commission decisions by the Council on the affirmative vote of three members of the Council, which was adopted on August 8, 1977, re- main in effect, Councilman Rose moved that the proposed ordinance entitled AN ORDI- NANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 33 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR ZONING IN SAID CITY" be introduced, and that reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES: None ABSENT: Councilwoman Swanson -7- September 26, 1977 SCAG GENERAL ASSEMBLY 766 Councilman Pernell advised the Council that he plans to attend the SCAG General Assembly on October 6, and the registration fee is $15,000 The Mayor requested that SCAG be advised that Councilman Pernell is the City's voting delegate. STATE SOLID WASTE MANAGEMENT BOARD 764 The City Attorney was authorized to write to the Board in reply to their most recent communication, and the matter was held on the agenda for discussion at the next meeting, COUNTY SANITATION DISTRICT CORRESPONDENCE 780 The Mayor presented copies of correspondence from the County Sani- tation District concerning legislation pertaining to Pretreatment, and the Status of Mission Canyon Landfill, and asked that copies be made 00 for members of the Council. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9055 P.M. APPROVED - Mayor am City Clerk