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MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 14, 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,1611ing hills, California by-Mayor'Crocker at 7:30 PoM.'Monday;
November 14, 19770
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilmembers Heinsheimer, Rose, Pernell, Swanson
Mayor Crocker
None
Teena Clifton
William Kinley
June Cunningham
Da McHattie
So Phillips
Vo Toyama
Mrs. Co Burke
Do Burke
Mo Burke
V. Fay
Dr. & Mrs. Ba Filler
Ce Eo Gregory
Dr. Jo Greenhut
Mrs. Po Hathaway
Mrs. Co Hanscom
Mrs. Lo Ishak
Co Meurer
R. Meurer
Mrs. A. Murrell
Mrs. Ko Norris
Mrs. De Occhipinti
Fa Riegel
Mro & Mrs. A. Shaw
Wo Smith
Mr. & Mrs. Jo Stern
A. Vinter
Mrs. E. Wachtell
Mr. & Mrs. Co Brinegar
To Bear
Dr. So Weller
The minutes of the
accepted as corrected o
Councilwoman Swanson an
AYES:
NOES:
ABSENT:
PAYMENT' OF ' BILLS
City Manager
City Attorney
Deputy City Clerk
South Bay Engineering
Attorney
Student Observer
Residents
meeting of October 24, 19:77 were approved and
n a motion made by Councilman Rose, seconded by
d carried by the following roll call vote:
Councilmembers Heinsheimer, Pernell, Rose, Swanson,
Mayor Crocker
None
None
Councilman Rose moved that Demands No. 6569'through 6619 in the
amount of $13,757.001 be paid from the General Fund. The motion -was.
seconded by Councilman Pernell and carried by the following roll, call vote:
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November 14, 1977
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
REQUIREMENTS :FOR .ROAD I;NIPROVEN[,NT., ;ANDREW SHAW„ TRACT 29543 >
Mr., Andrew Shaw, 3'Hillside Lane, advised the Council that he is
attempting to complete subdivision of his property, and he wished to
discuss the requirement that he repave Hillside Lane as a condition of
completion of the subdivision. Mr. Shaw explained that he would con-
tinue to take access from Hillside Lane for his residence, but the two
newly created parcels would take access from a single driveway on Sad-
dleback Road. Further, Mr. Shaw stated that he had agreed to develop
a hammerhead on Hillside Lane, but wished relief from the additional
requirement that he repave the road, since neither of the two new lots
would use Hillside Lane for access, and he did not consider that road
part of the subdivisions
Mayor Crocker asked.whether the requirement to repave Hillside Lane
was a recommendatipn of the Planning Advisor, or whether it was imposed
by either the Planning Commission or the City Council as a condition of
approval. Mrs. Clifton said it was a staff recommendation.
The Mayor directed that the matter be placed on the agenda for
discussion at the next regular Council meeting.
REQUEST FOR RELEASE OF DEPOSIT, WILLIAM SMITH, TRACT 29383
In a letter to the Council dated November 2, 1977 Mr. William Smith
requested that the sum of $2,000 deposited with the City be returned to
him. The deposit was required while it was determined whether a telephone
cable was damaged aurina construction of a portion of Buggy Whip Drive in
connection with Tract 29383, resulting in disruption of telephone service
to the Charles Rutherford residence at 16 Buggy Whip Drive.
Mr. Smith submitted a letter dated October 25, 1977 from Go Ho Cook,
Area Construction Supervisor of General Telephone Company, which stated
that all conduit, pull boxes and associated appurtenances repaired by
Mr. Smith were field inspected by General Telephone personnel and found
to be acceptable to General Telephone as built.
A motion to release the $2,000 deposit to Mr. Smith was made by
Councilman Heinsheimer, seconded by Councilman Rose and carried by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT: None
REQUEST FOR PAYMENT OF BALANCE OF FUNDS, Wa SMITH, TRACT 29383
In a letter to the Council dated November 2, 1977 Mr. William Smith
requested that the balance remaining from funds deposited by Mr. and Mrs.
Clifton Hix for completion of the driveway on the Barry Tishcler property
at 14 Buggy Whip Drive in connection with development of Tract 29383 be
made to him. A breakdown of expenditures and a letter of acceptance of
the driveway, signed on October 14, 1977 by Pat Tischler, were presented
to the Council.
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November 14, 1977
Councilman Rose moved that the balance of funds be released subject
to approval of documents by the City Attorney. Mr. Kinley advised that
he had reviewed the County inspection sheets as well as approvals sub-
mitted by Mr. Smith and found that they were in order. The motion was
seconded by Councilwoman Swanson and carried by the following roll call
vote:
AYES- Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES- None
ABSENT- None
TENTATIVE TRACT 33248, KREDEL-HATHAWAY, 8 BLACKWATER CANYON ROAD
Mayor Crocker opened discussion of Tract 33248, Kredel-Hathaway,
held on the agenda for submittal of a new map which would include
®p changes requested by the Council following a field trip to the site.
Mr. Doug McHattie, South Bay Engineering Corporation, presented an
amended map, colored to delineate Upper Blackwater Canyon Road, on
`Z which the tract is located; Lower Blackwater Canyon Road; and an
unimproved road which connects the two. The map also included a pro-
posed relocation of an existing power pole and an enlarged turning
area adjacent to the relocated garage. In addition Mr. McHattie sub-
mitted a detail for the improved turning area, and an estimate of
$8,259.50 for improving the unimproved road to develop an emergency
access road between Upper and Lower Blackwater Canyon Roads. Mr. Mc
Hattie advised the Council that to underground all utilities on the
tract as required by the Subdivision Ordinance would cost $67,000, and
in the opinion of the Fire Department could constitute a fire hazard
because of maintenance problems, since the installation would be deep
in the canyons The existing pole could be removed and a new pole in-
stalled in the location shown on the map at a cost of $2,600. Mr.
McHattie said the pine tree which Councilman Rose had requested remain
if possible would not be removed, as access to the newly created lot
would be developed to keep existing landscaping intact.
Mrs. Patricia Hathaway addressed the Council and requested that
the unimproved road between Upper and Lower Blackwater Canyon Roads
be left in its present state. Mrs. Hathaway said it is possible for
her to drive her car over the existing road even after a rain, and she
has seen the Fire Department using the road; Lower Blackwater Canyon
Road is for the use of only those residents whose names are posted on
that portion of the road, and it was her opinion that improving the
road in any way would encourage use by unauthorized persons and would
jeopardize the private status of the road. Councilman Rose said he
wished to inspect the road before changing any of the conditions, since
it would be used as an emergency access. Members of the Council agreed
and Mayor Crocker scheduled a field trip to the site for Sunday, Novem-
ber 20th at 10-00 A.M.
REVIEW OF CONSTRUCTION ON BURKE PROPERTY, 33 CREST ROAD EAST
Mayor Crocker opened discussion of a paddle tennis court being
constructed on property at 33 Crest Road East owned by Mrs. Adrienne
Burke.
The City Manager advised the Council that on February 15,, 1977 she
had written to Mr. Dan Burke at 72 Saddleback Road, the address of record
at that time, advising that although a plan for a paddle tennis court
submitted to the Architectural Committee was approved, and a building
permit was issued by the Rolling Hills Community Association, such con-
struction was in violation of Section 2006 of Ordinance No. 33. The
Manager advised Mr. Burke that she wished to meet with him to discuss
the matter and to refund the fee for the Association permit. No contact
was made by Mr. Burke, and on Thrir Pr1a.v. November 10, 1977 staff at, the
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November 14, 1977
Administration office were advised that a paddle tennis court was being
installed. A copy of the Manager's letter was delivered by messenger,
and Mr. Burke came to the office and stated that he had not received the
original letter. He said that he was in the process of changing his
address from Saddleback Road at the time the letter was sent. Subsequent
attempts to stop delivery of materials to the site on Crest Road were
unsuccessful, and the tennis court was installed on Friday, November 11,
whicn was a holiday for the City and County offices.
Mr. Kinley advised the Council that he had researched the record
and determined that a request for a conditional use permit for construc-
tion of a swimming pool and tennis court was denied by the Planning Com-
mission on October 19, 1976° The decision was appealed to the City Council
and on November 22, 1976 the Council granted permission for construction
of a swimming pool and spa, and sustained the decision of the Planning
Commission in denying the tennis court. Subsequently, plans for a paddle
tennis court were submitted to and approved by the Architectural Committee
of the Rolling Hills Community Association, and a permit for the paddle
tennis court was issued on January 15, 1977° Ordinance No. 146, which
amended Section 3001 of Ordinance No, 33 by requiring a conditional use
permit for a paddle tennis court, was adopted by the City Council on
December 27, 1976 and became effective at the close of business on Janu-
ary 26, 1977° A grading plan for grading 3500 square feet for a single
family residence was submitted to the County on October 5, 1976, and a
grading permit was issued on February 18, 1977° Since the grading plan
included grading for the paddle tennis court, the permit issued on Feb-
ruary 18, 1977 was in violation of the City's Zoning Ordinance, Mr. Kinley
said, and construction of a paddle tennis court without a conditional use
permit is in violation of Ordnance No. 1460
Councilwoman Swanson reported that when she learned that the paddle
tennis court was being constructed she advised Mr. Burke that work should
cease, and she gave an order that no material to the Burke property be
admitted through any of the gates to the City. In spite of her request,
the personnel at the gate had followed directions issued by Mr. Burke,
and the equipment and material were admitted for delivery. Mayor Crocker
asked the City Attorney whether the job could be shut down, and Mr. Kinley
said it could, since the grading permit was in violation of,the City's
ordinances. Councilman Heinsheimer asked whether the permit issued by
the Community Association was valid, and Mr. Kinley explained that when
the permit was issued it was valid, as the City had no ordinance at that
time which was effective in the matter. Councilman Pernell asked whether
the letter which Mr. Burke said he did not receive was returned to the
City for a better address; the Manager said the letter was not returned.
Mr. Stanton Phillips, Mr. Burke's attorney, advised the Council that
Mr. Burke advised him that he visited the Administration Office on Decem-
ber 14, 1976 and discussed the matter with Mrs. Peggy Minor, Mrs. June
Cunningham and Mrs. Teena Clifton and was advised by one or all of the
staff that there was no restriction on construction of a paddle tennis
court at that time, although the Council was considering adopting an
ordinance which would require a conditional use permit for such construc-
tion. Based on that information, Mr. Burke had obtained a permit and
submitted plans to the County. A plan correction sheet showing County
approval on behalf of the City on January 18, 1977 was submitted by Mr.
Phillips.
Mayor Crocker said he wished to have work on the property stopped
immediately, with an understanding that no further construction could
be accomplished unless the paddle tennis court was removed. Council-
man Pernell said he would be in favor of stopping work on the paddle
tennis. court, but thought the rest of the construction should continue.
Councilwoman Swanson said a strong effort was made on November 10 and 11
to notify Mr. Burke that no further construction should be done on the
paddle tennis court until the matter was clarified by the City, but the
notices were ignored and work proceeded.
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November,1.4,, 1977
Councilman Rose moved that the Council order that further construc-
tion of the paddle tennis court cease, and that the owner's consent to
the order be made part of the record. Mayor Crocker seconded the motion
with an additional requirement that the owner be required to post a bond
for removal of the court unless a conditional use permit is granted by
the.Planning Commission_ Mr. -Phillips said -it -was his opinion that a
bond would not be necessary, since the Council could act if a condition-
al use permit was denied by the Planning Commission.
Councilman Rose said he wished to propose a stipulation rather than
a motion in the matter, and--he--said the stipulation should consist of
four points: 1) That the applicant post a bond in the amount of $5,000
to guarantee removal of the paddle tennis court in the event that a
conditional use permit was not granted; 2) That the City be given the
right of entry on the property to remove the paddle tennis court if a
conditional use permit is not obtained; 3) That no further work be done
on the paddle tennis court until a conditional use permit is obtained;
4) That there be no other use of the paddle tennis court until a con-
ditional use permit is obtained. Councilman Rose said that if the owner--
agre,es" the stipulation, his consent should be made a part of the
record. A straw vote of the Council indicated that Councilmembers
Crocker, Rose and Swanson would be in favor of the stipulation, and
Mayor.,Crocker suggested that Mr. Phillips confer with Mr. Burke and
advise the Council, and they were excused from the meeting.
TRACT 30345, DR. JERRY GREENHUT, 13 BLACKWATER CANYON ROAD
',Mr. Roger Meurer, engineer -for Dr. Jerry Greenhut, advised the
Council that in attempting to complete the final map requirements for
Tract 30345, a clarification of condition No. 12 of the Planning
Advisor's Report dated February 20, 1975 was requested by the Los
Angeles County Road Department. The Manager advised the Council that
the condition had been fulfilled to the satisfaction of the City as
shown on a drawing submitted by Mr. Meurer. Mrs. Clifton was author-
ized to so advise the Road Department.
A break down of monies deposited with the City for completion of
improvements required as a condition of subdivision was submitted and
Dr. Greenhut advised the Council that he has been unable to work for
a year because of physical problems, and will have additional surgery
in Houston within the next week. He asked that the approval of the
final map be expedited if possible.- Mayor Crocker said the meeting
would be adjourned to a meeting in the field on Sunday, November 20,
on the Kredel-Hathaway property, and if the Greenhut final map is
ready, the Council would consider it at that time.
SLOPE AGREEMENT, LOT 97-RH, JOHN FARROW, 12 BLACKWATER CANYON ROAD
Mr. Meurer advised the Council that he requested that Mr. John
Farrow, 12 Blackwater Canyon Road, grant permission to have a trail
graded along Blackwater Canyon Road on Mr. Farrow's side of the street
to meet requirements that a trail be provided on Blackwater Canyon
Road as a condition of approval of Tract 32256 owned by Mr. Meurer.
In a letter dated November 14, 1977 Mr. Farrow advised the Council
that although he supported subdivision of the property and signed
the Modification Agreement, it was his opinion that grading the trail
on his side of the road would not benefit him or anyone else, and he
declined to give permission.
Mr. Forrest Riegel, Chairman of the Planning Commission, said he
thought Mr. Farrow's permission had been obtained before the tentative
map was approved by the Planning Commission.
Mr. Meurer submitted two plans for the proposed trail; Exhibit A,
showing 1:1 maximum and variable slopes, and Exhibit B, showing 2:1
slopes, which encroach considerably on Mr. Farrow's property. Mr.
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November 14, 1977
Meurer asked that the Council approve Plan A, which he stated is more
stable, and would be fully within the road right of way. Further, Mr.
Meurer said that permission was obtained by Mr. Farrow from the Board
of Directors in 1965 to locate his fence in the road right of way, and
the fence could be removed and replaced when the trail was developed,
Councilman Pernell moved that the matter be referred to the Plan-
ning Commission for resolution, since grading requirements have been
changed since the tentative map was approved by the Commissions Coun-
cilwoman Swanson seconded the motion. The City Attorney said the Coun-
cil should decide the matter before it, as the tentative map was ap-
proved in 1974 and the change in the grading ordinance would not affect
the approval. Councilman Pernell withdrew his motion and Councilwoman
Swanson withdrew her second.
Councilman Rose moved that Exhibit B, with 2:1 slopes, should be
followed in developing the trail in all areas except the Farrow property,
and that Exhibit A be followed in that area. The motion was seconded
by Mayor Crocker and carried by the following roll call vote -
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT- None
ACCEPTANCE OF STIPULATION RE: PADDLE TENNIS COURT ON BURKE PROPERTY
Mr. Phillips advised the Council that he had discussed the stipu-
lation proposed by Councilman Rose with Mr. Burke and the City Attorney,
and had agreed to the stipulation with the condition that his client be
given 90 days after denial of a conditional use permit during which to
seek relief in the Superior Court. Failing to seek court relief, the
action of the Planning Commission shall be final. The'Bitrkes shall have
15 days thereafter to remove the court before the City will exercise its
right to enter and remove the court.
Councilman Rose moved that the Council accept the stupulations.
The motion was seconded by Mayor Crocker. Mr. Forrest Riegel asked
what would happen if the property changed hands during the 90 days,
and Councilman Pernell asked what would happen after 90 days. Mayor
Crocker said the stipulation would be binding on heirs, successors
and assigns. The Mayor asked the City Attorney to review the letter
of stipulation when submitted by Mr. Phillips.
The motion to accept the offer of stipulation was carried by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES: None
ABSENT- None
Mr. Kinley asked that the record show that Mr. Burke and his attor-
ney were present during the roll call vote of the Council.
DRAINAGE PROBLEM, DR. SAM WOLINSKY, 8 REATA LANE
A report entitled Investigation of Erosion of Private Road Poppy
Trail to #8 Reata Lane, prepared by Mr. Ronald McAlpin, South Bay
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November 14, 1977
Engineering Corporation, was presented to the Council. Mr. McAlpin
advised that in thorough examination of the problem, it became evident
that 70% of the total runoff was from the storm drain which was in-
stalled by the Flood Control District. Two alternative solutions,
with project cost estimates for each proposal, were submitted.
Councilman Rose suggested that the matter be held until the matter
has been discussed with the Flood Control District. The Mayor so ordered.
RIDING RING, LOT 7, TRACT 29383, CLIFTON HIX
In a letter to Mayor Crocker dated November 2, 1977 Mr. Kinley
reported on the status of Lot 7, Tract 29383, the Hix Riding Ringo
Mr. Kinley said there is presently in force a bond in the amount of
$9700 to guarantee the cost of grading and compacting buttress fill
and grading and compacting a riding ring pad on Lot 7; there hae never
been filed with the City Engineer any approved plan for the grading of
OC the lot, and no grading permit has been issued for the grading. Mr.
�. Kinley stated further that the grading and buttressing were completed
CC without approval, and the County Engineer, acting as City Engineer, was
not present at the time Lot 7 was graded and there could not be a final
inspection or approval of the work by the City Engineer. In order to
get the approval of the Engineer, it would be necessary to uncover the
grading and regrade and fill, Mr. Kinley said. He advised the Mayor
that the City has two options. A) Accept Lot 7 in its present condition
and rely on the written opinion of Bruce Lockwood, the soil engineer,
that the grading and buttress fill are stable; or B) Proceed against
the bond which has been posted with the City by the Hixes to guarantee
the performance of the work on Lot 70
Councilman Rose moved that the City Manager be authorized to obtain
engineering bids to determine the soundness of the riding ring and drain-
age on Lot 7. The motion was seconded by Councilwoman Swanson and car-
ried by the following roll call vote:
AYES- Councilmember Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES- None
ABSENT- None
ORDINANCE NO. 155
Councilman Rose moved that Ordinance No. 155, which was introduced
at the meeting of October 24, 1977, be adopted as amended, and that
reading in full be waived. The motion was seconded by Councilman Pernell
and carried by the following roll call vote:
AYES- Councilmembers Heinsheimer, Pernell, Rose, Swanson
Mayor Crocker
NOES- None
ABSENT- None
LOS ANGELES COUNTY FIRE DEPARTMENT
Correspondence from the Los Angeles County Fire Department consis-
ting of a letter dated October 25, 1977 regarding residential inspections,
a lettergram dated November 2, 1977 regarding violations of the Fire Code
and the Activity Report for August 1977 were received and filed.
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November 14, 1977
FIRE HAZARD ON WILLOW SPRINGS TRAIL
Councilwoman Swanson said that the Willow Springs Trail has not
been cleared as promised, and she asked that the City Manager contact
Caballeros to ask when the chipper would be brought in and hazardous
material removed. The Mayor so ordered.
PARKING IN CITY
Councilwoman Swanson said residents who attended the recent neigh. -
boyhood meeting in the Eastfield area had requested clarification of
the parking regulations in Rolling Hills, and she asked that this be
placed on the next agenda for discussion by the Council. The Mayor so
ordered.
TRASH.- -COLLECTION
Councilman Pernell asked for a report on the new trash collection
service° The Manager said there were problems initially, but most have
been taken care of anc' service is improving. A letter from Dr. Charles
Turner, 4 Pine Tree Lane, was received and filed.
DESIGN CONCEPT STUDY, PALOS VERDES DRIVE NORTH
Mayor Crocker reported that he attended the Design Concept Study
for Palos Verdes Drive North at Rolling Hills Estates on Tuesday,
November 8, 1977, and was surprised to see that no residents from Roll-
ing Hills were in attendance, although the Community was notified of
the workshop in the Newsletter and individual notices were sent to
residents who would be directly affected by any work on the road,
Mayor Crocker said the next workshop is scheduled in seven weeks.
FAIR POLITICAL PRACTICES COMMITTEE FORM #720
Niro Finley said a copy of Form 720, the new filing form required
by the Fair Political Practices Commission, had been mailed to him
and to the City Clerk, and information would be provided to the Council
at the appropriate time for filing.
COURSE ON GOVERNMENTAL TORTS
Myo Kinley said he attended a course in Governmental Torts on
November 11, as authorized by the Council and found it beneficial.
INSURANCE UMBRELLA
The Manager reported that she was advised that the Umbrella for
the City's insurance would be less than last year.
AUDIT REPORT
Copies of the Audit Report dated June 30, 1977 prepared by Cotton
and Francisco were distributed to the Council. The report was held
for discussion at the next meeting.
PERSONNEL SESSION
The meeting was'adjourned to a Personnel Session at 11°20 P.M.
ADJOURNMENT
The meeting was reconvened at 11.40 P.M. and adjourned by the Mayor
at 11:45 P.M.
APPROVED-
Mayor -
City Clerk