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11/14/1977st, C": n J 435 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: Q3 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. -2- 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 -3- 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. SM 43 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. -5- 44 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 am 44 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. -7- 144 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