Loading...
1/23/1978 1� MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIZ CITY OF ROLLING HILLS , CALIFORNIA January 23 , 1978 A re.gular 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 Niayor Crocker at 7 :30 Po1Ko Monday, Januar}r 9 , 1978 . ROLL CALL PRESENT: Councilmembers Heinsheimer, Rose, Swanson Mayor pro tempore Pernell � ABSENT: Mayor Crocker � � ALSO PRESENT: Teena Clifton City Manager a William Kinley City Attorney Q June Cunningham Deputy City Clerlc Q Douglas McHattie South Bay Enga Corpo Mro & Mrs < J> Farrow Residents Dr. & Mrso M. Ishak Dr, L. Kelly Co Meurer R. Meurer Fo Riegel J. Rowe APPROVAL OF MINUTES 602 The minute� of the meeting of January 9 , 1978 were approved and �.ccepted as corrected on a motion made by Councilwoman Swanson, seconded by Councilman Rose and carried by the following roll call vote : AYES : Councilmembers Heinsheime�, Rose� Swanson Mayor pro tem Pernell NOES : None ABSENT: Mayor Crocker FINANCIAL REPORT 605 Mr, Le D. Courtright , City Treasurer � advised the Council that he had reviewed the Financial .Reporti for December 1977 and four�d i� in orde�. :Ct was hie recommendation that the report be approved and accepted. Councilwdman Swanson moved tha� the recommenda�ion of the City Treaeurez^ be accepted by the Council , and tha� the Financial R�port for December� 1977 be approved and accepted �e preaented. The motiora was �econded by� Couneilman Heinsheiemr and carried by the following roll call vote : � AY�S : Councilmembere Heinsheimer, Rose , Swan�on Nlayor pro tem Pez°nell NOESa None ABSENT : Mayor Crocker P�iYMENT OF BILLS 610 Councilman Rose moved that Demands Noo 6752 through 6790 in the amount of $38 , 248< 89 be approved for payment from the General Fundo The motion was seconded by Councilman Heinsheimer and carried by the 1� January 239 1978 following roll call vote : A�ES : Couneilmembers Heinsheimer, Rose, Swan�on Mayor pro tem Pernell NOES : None ABSENT : Ma�or Crocker � TENTATIVE TRAC�i 33248 , 8 BLACKWATER CANYON ROAD 625 Mr, Douglas McHattie , South Bay Engineering Corporation9 advised the Council that Dro and Mrse L, Mo Ishak purchased the property at 8 Blackwater Canvon Road from Mro and Mrso Frank Kredel and Dro and Mrso Gary Ha�haway and it is their i�tention to complete tfie subdivisiono . Mro �orres� Riegel , Chairman of the Planning Commission, attended the C�ty Council meeting on January 9 , 1978 and advised �he Council that the maps submitted to the Planning Commission and approved by them on August 16, 1977 did not show an emergency access between Upper and Lower Blackwater Canyon Roadso Maps submitted to the Couneil sho�ed a p�th on the propertyy currently being used as a connecting, unimp�oved road between the two roads , and also showed the easement along the westerly side o� the property which could be developed as an _emergency access to provide the emergency road requested by the County Fi�e Departmento The Council members made a field trip to the site , and at the request of �he Planning Commission Chairman, the tentative map showing the alternatives for the emergency access was referred back to the Planning Commiss�on fo� their review and recommendationo Mr. Riegel said the Planning Commis�ion also made a field trip , and at the Planning Commission meeting on Janu- ary 17a 1978 the matter was reviewed, It was the recommendation of the Commission that no access be developed between Upper and Lo�er Blackwater Canyon Roads , and that the owner of the property be required to in�tall a wooden barrier to eliminate all but emergency traffice Copies of the minutes of the January 17 meeting reporting the Planning Commission° s action were given to the Council� IKr°o McHattie said the Ishaks were advi�ed of the Planning Commission° s �ecommendation, and �hey have agreed to install the barrier as directede The Manager requested that the dem �ign of a barrier and the materials to be u�ed be left op�n� since �imilar requirements have been made on other subdivisions , and no decisio� has l�e�n made about the type of barrier which would best serve the pu�posee The Manager expressed a concern about re�ervation of an emergency access on the Ishak property in the event �hat they or a fu�ure owner �aish to further improve the property by addition of construction such a� a �ennis court, riding ring, or stableo Mro Riegel said the Planning Commission had addressed the matter, and had considered re�tri�ting con- �truction in a specified area to keep emergency access open, but �he� were opposed to developing an access with any kind of surfaceo Since L-he Fire Department requested an emergency acces� , members of the �ouncil agreed that there should be such a provisiono �ollowing discussion, Dra Ishak said tr�cksnow drive across his property, and he wishes to erect a ba�rie� to discour�age and eliminate such �raffie , but he would be agree- able to dedicating access across h�s prope�ty for emergency useo Mrso Clifton said the easemen� shoul.d be 10 to 12 feet wide to accomanodate � emergency equipmento � Following the discussion Councilman Rose mo�ed �hat the Council accept the recommenda�ion of the Planning Commission that no surfaced road of any kind be developed between Upper and Lower Blackwa�er Canyon Roads ; further, that the owner of the p�operty at 8 Blackwa�e� Canyon Road be �equired to dedicate an easemen� six feet wide along each side of the �enter line of the easement through the progerty shown on the map marked Exhibit A, with the unders�anding that if in the tuture he wishes to further improve the property, the easement can be moved �o -2- � 19 ,Tanuary 23 , 1978 ' accommodate constxuction, while maintaining a twelve foo� �r�.de eme�genc� acces� for use by the Fire Department or other emex°gency vehicles , to travel between Upper and Lower Blackwater Canyon Road� , and finally �h.at the owner be required to in�tall barricades at ei�he� end of Uppe� and Loraer Blacic�,rater Canyon Road at �he proper�y line 9 �he barr�cades to be of a style and material �o be approvede The motion was seconded by Councilman Heinsheimer and carried by the follo�,ring roll call votee AYES : Councilmembe�s Heinsheimer, Rose, Swans�n 1�Iayor pro tem Pernell NOES : None " ABSENT: Niayor Crocker Coun��lwoman Swanson asked tha� the record shoc� that the matter of � possible futu�e construction on the propert� was considered, and that � reserva�ion of the easement on both sides of the pathcsay show-n on the ten�a�ive map does not p�eclude future developmen� as long as an ease- � men� through the proper�y is retained, and she asked tha� a copy of the Q requirement be �er�t to the Architectux°al file for �he propertye a Mro McHattie advised the Coun�il that other condi�ions of approval a imposed by the Council have been agreed to by the nera owners , but have not been accompli�hed yet, and will be started immediatelyo Councilm man Rose enumerated the conditions as : remalignment of the property line9 enlargement of �he tu�ning area at the gara�e , and relocation of a power pole which cannot be underground�d, with utilities between the reloc��ed pole and the residence ins�alled underground< Mra Kinley said �he con� ditions impo�ed by the Council have been shown on the amended tentative _ map max�ked Exh%bit A, and will be part of the appx°ovalo Dre Ishak said tl�at he �rill remove trash fx°om the canyon immediately o Councilman Rose moved that the tentative map marked Exhibit A be approv�d, subject to c�nditions in �he Planning Advisor' s repo�t dated June 14, 197� and additional conditions imposed by the Council which have been incorporated in the map so ma�°kedo The motion was seconded by Couneilman Heinsheimer and carried by the following roll call vo�e: AYESe Councilmembers Heinsheitner, Ro�e, Swanson 1Kayor pro tem Pernell NOES : None ABSENT< Mayor Crocker � TENTATIVE TRACT 32256 , ROGER MEUI�ER, 9 BI,ACKWATER CANYON ROAD 892 The Mayor p�o tem opened discussion of Tentative Tract 32256 , Roge� Meurer , which was referred back �o the Planr�ing Commission at the request of �he Planning Co�nission Chairman for resolution of location and grading of a br�.dle trail on Blackc��.te� Canyon Road as a condition of approva' of the tentative map , Copfes of the minutes reporting the action of the Planning Commission on January 179 1978 were distributed �to �che Council o Councilman Rose asked Mro Riegel to co�nen� on his remark as re- ported in the minutes that �he City could be held liable for damages suffered if the easement were not cleared �or a trailo The City Attorne� ,� explained that Mr o Riegel ' s commen�t �ras in reply to I�r o Kinley' s. recom- � mendation that a t�°ail ten feet �+ride not be required, since a trail of , that width would require steep lol g�ading, and could be hazardous on 'Blacicwater Canyon Road, which is a sub-standard roado Council.man Rose �.sked �rhether the �trail could be developed on Mro Meurer' s side of the r"�ad, and Mra Meurer explained tY�at to do so zaould require import�ng , _3a �o January 23 , 1978 large amounts of dirt and removing the pine �rees ;which are along Black- �rater Canyon Road; a trail behind the pine t�ee� would impinge on the privacy of the property, and access �o the ��ail would be difficulte Mro Riegel said his recollection of Mro Kinley' s �ecommendation was that no trail be developedy regardless of width, and M�, Riegel said h�s com- men� was a general state�nent about possible lfability if �he Ci�y did not keep the easements cleare Couneilman Rose said that in view of the objections expressed by Mro John �arrow, 12 Blackwatex° Canyon Road, abou� developmen� of a trail on his side of the road, which r,�rould �equire 1 : 1 grading and �,�rould nece�sitate removal of se�rezal lar�ge eucal�ptus �r�ees , the Planning Commission was reque�ted to make a field trip and attempt to determine whethex° a 10' wide �rail co�ld be cievelopedo Mro Riegel said such a trafl could be developed, bu� would require a raall t�ro to three fee� high, and any gradi.ng would require removal of three �reesa I�Ir o Kinley sa�,d his recommendat�on tha� a trail not be devveloped was based on knowledge that in addit�on to steeper g�°ading than pe�mi�- t�d by the City` s grading ordinance, it urould be necessary to remove and reloeate two fire hydrants and protect a sto�°nn dr�ain outlet, all of c�hich are located within the ten foot wide st�ip in fron� of Mro F°arrow' � propertyo The r2anager said that in addition to the concerns expressed by 1Kro Kinley, it would be n�cessary to realign two drivewaq entrances to I�Iro Farro�r' s property, s�nce they would be changed by grading for a trail, and all expense for these items would have to be bo�ne by the City, since the portion of the Farrow property in which they are located is not di�°ectly across from Nir o l�Ieurer' s property o Councilman Heinsheimer said i� was his understanding that M�o Fa��or,a objects �o alte�ation of hi� proper�y �o accommodate another residen� . �rho wishes to subdivide his proper�yo Mro �ax°row �old the Council he attended meetings of the Planning Commission and heard residents advisecl that they must conform to the City` s 2 : 1 grading regulations; in r'Ira Meurer' s case the Planning Commission is �illing to approve 1 : 1 grad�ng if necessary to develop a trail � Mr�o Farrow safd a 1 :1 slope on his property would disturb his access , and he is opposed to ito He said the motion to approve 1 : 1 grading anci �educe the trail from ten feet in �ridth to five feet in f'ront of his prope��y passed on a 3/2 vote9 with Chai�man Riegel casting the deciding votee Councilman Heinsheimer said he wished to malce it clear for the reco�d that� the final decision of the Planning Commission was no� based on a eompromise agreement bet�reen the p•roperty,.oc�ers , but was the bes�t solution the Planning Commiss�on �aas able �o. arrive ato Councilwoman S�ranson said she would like to make a field tr�p to the Farrow propert� before voting on the Planning Commis�ion` s recommendationo Councilman Heinsheimer �aid �he ten�at�ve map has been before the Plann%ng Comm�ssion and City Co�ncil on mo�e fihan one occasion, and since it is a� a point �rhere a decision has been made on one of the condi�ions of appr'oval wi�hout agreement being reached be��een �he affected partie� , he asked the City Attorney whether �he ten�a�ive map could be disappro�red by the Council on the basis �hat all of the condi- �fon� of Qaproval. have not been meto l�ro Kinley said rha� the approval by the Planning Commission was based on a s�atement by Mr, Meurer tha� a �rail could be located in front of the �°arrow property, and in order to p�ovide a 2 : 1 slope , it was Mro Meurer` s belief �hat Mro F°a�row �rould give the necessary slope easemento When the subdivider was unable to obtain l�Iro Farrow' s signature on th.e lette� gran�ing a slope ea�ement9 the �ouneil approved an alternati�re , The motior� fio waive the req�ire- ment� originally imposed' c�ra�� subsequently �abled, and �he mat�er was re�erred to �he Planning Got�unission, at t�e req�est of the Planning 1 � Commission Chairman, and by a motion of the Council , duly seconded and passedo Mr�o Kinley said it was his impression �that in refex°ring the map back to the Planning Commission with the information �hat the subdivide�° could not meet all the Commission° s and Council° s conditions of approv��1 , -4- �� 21 January 23 , 1978 the Council vacated its approval of the ,tentative mapo Councilman Heins- heimer said it would then appear that the Planning Commission' s approval would be based on a revised map with new conditions concerning development of a traile Chaiz°man Riegel said that was the understanding on which the approval was given, although no map was submitteda Councilmembers Rose and Swanson said they w�shed to see a map incorpo�ating the recommenda- tion before voting on it< Councilman Heinsheimer said �he Flanning Com- missfon recommended that the grading requirements be waived and that 1 : 1 grading be permitted to provide the trail requested by the Planning Com- missiona He asked who would apply for a variance of grading requirements on Mre Farrow' s property, in view of Mro Farrow' s objection to develop- ment of a trail on his side of the road> Mr. Riegel said that when con- sidering the matter the PlanningCommission did not address the lack of agreement between Mro Meurer and Mr< Farrow; it was the Planning Commis- sioners ' opinion that subdivision of property should benefit the community, and should be done entirely at the subdivider' s expense, and in attaching a new condition of approval , it became Mro Meurer ' s problem to accomplish � the requiremento Councilman Heinsheimer asked whether the decision was O made over Mro Farrow' s objectionse Mr> Riegel said it waso a Councilman Rose moved that the Council accept the Planning Commis- a sion' s recommendation regardin•g the new requirement for developing a traila Q Councilwoman Swanson seconded the motfony with the eondition that the requiremen� be accomplished at the expense of the �ubdividero Mro Farrow advised the Council that in the portion of his property near his house, his fence is installed inside the property line and the center line of Blackwater Canyon Road is four feet into the easement of the properties across the road, resulting in inequities of easements available to the properties in that location, since the Council is con- sidering grading a 1 : 1 slope into the easement on his side of the road, and properties across the road gain four additional feet in addition to the 30 foot road easement, If the trail were extended, Mre Farrow said it �ould end on his property in fee, so in his opinion the discussion is centered on a trail whieh would not lead anywherea � � Councilwoman Swanson said that after hearfng Mr< Farrow' s statements , she wished to see a map which contains all items discussede Up to this point Councilwoman Swanson said she was under the impression the Council and Planning Commission were discussing only the easement in front of the Farrow property; additional information about disruption of his two means of access to his property makes it imperative that a map be provided, Councilman Rose said he wished to withdraw his motion to accept the Plan- ning Commission' s recommendation; Councilwoman Swanson withdrew her secondo Councilman Rose than moved that the matter be tabled> Council- woman Swanson seconded the motion to table, and it was carried by the folTowing roll call vote : AYES : Councilmembers Heinsheimer, Rose, Swanson Mayor pro tem Pernell NOES : None ABSENT: Mayor Crocker � � Councilman Heinsheimer moved that the Council reject the tentative map , and he reco�unended that if the subdivider wishes to proceed with the subdivision, he provide a tentative map which meets the requirements of the Planning Commission and City Councilo Councilwoman Swanson seconded the mot�ono Mayor pro tem Pernell said that rather than requiring the applicant to re-file, he thought the Council should reques� that the tent�tf�e map be amended to include the recommendations made since the map was approvedo C�uncilman Heinsheimer said he thought the matter had become too complex for amendment, since it would seem that the subdivision would have to be re-engin�ered to comply with the conditions attachedo -5- 22 January 23 , 1978 Councilman Rose said he did not wish to impo:se any undue financial or time burdens on the applicant, and he would be willing to give Mre Meurer an opportunity to submit an amended mapo Mr< Riegel said that in making the recommendation to the Council , the Planning Commission did not see a mapo Mayor pro tem Pernell said the applicant could submit an amended map to the Planning Commission for approval before submitting it to the City Councilo Councilman Keinsheimer said the Planning Commission approved the tentative map originally .submitted :based on information which later turned out not to be accurate, and the Council' s approval was based on the same incorrect information. Since the applicant has now advised the Commission and Council that he can not meet the conditions imposed, Councilman Heinsheimer said the approvals should be rescindede Mayo� pro tem Fernell said that as an alternative solution, the Council could reject the recommendation of th.e Planning Commission that th� �lat area alongside Blackwater Canyon Road for a trail be reduced from ten feet to five feet in front of the Farrow property, and ask that information be supplied to the Council by the Planning Commission with regard to removal of trees , providing access , relocating hydrants , etce Councilwoman Swanson said she did not consider that an appropriate assignment for the Planning Commission; it was her opinion that the ap- plicant should provide the solution to such problems , Mr. Riegel said the members of the Planning Commission do not wish to become involved in the discussions between Mr. Meurer and Mr . Farrowo The motion to reject the tentative map failed to carry on the fol- lowing roll call vote : AYES : Councilmembers Heinsheimer, Swanson NOES : Councilman Rose, Mayor pro tem Pernell ABSENT: Mayor Crocker Councilman Rose moved that the subdivider be requested to address the problems including the horse trail easement as it borders the Farrow property; impact on the d�iveways serving the Farrow property; impact on fire hydrants , drainage structures , trees ; whether a narrowed trail would minimize disturbance to the Farrow property; and whether the trees could be saved if the trail were narrowed; further, that the subdivider delin- eate all solutions on a map , including the exact areas where the trail would be reduced from ten feet to five feet, so �hat the Council could make a field trip and base their decison on information provided on the map, Councilwoman Swanson and Mayor pro tem Pernell asked whether it was Councilman Rose' s intent to have the maps submitted to the Planning Commission, and he said it was , and based on the Planning Commission' s review of the amended map and their recommendatfon to the Council , he would then request that the Council make a ffeld trip . The City Attorney said he wished the record to reflect his statement that he had grave reservations about the advisability of developing a trail in the location being discussede Mayor pro tem Pernell seconded 'Councilman Rose' s motion. Coun�ilman Heinsheimer asked the City Attorney to comment on Section 4a11 of Ordinance No. 67 , the Subdivision Ordinance, which states that "----the City Council shall approve, conditionally approve or disapprnve the tentative map , or specify the changes which must be made to make the tentative map conform to the requirements of the Subdivision Map Act and of this Ordinanceo ----" Councilman Heinshefiner :sai� that there is no provision in the ordinance for the Council to return to the Planning Commission a tentative map which it has already approved and forwarded to the Councilo The City Attorney said that since the conditions of appro- val imposed by the Planning Commission can not be met , it was proper for the Council to send the matter back to the Commissione Mre Meurer advised the Council that bridle trails are not required by -6- 23 January 23 , 1978 �he City' s Subdivision Ordinance, and when his tentative tract was ap- , proved in February 1975 , he volunteered to provide a trail along the side of Blackwater Canyon Road across from his property, predicated on . the cooperation he hoped to receive from the owners of the other proper- ties > The property north of the Farrow property has changed ownership twice, and the original ,owner and the two subsequent owners have agreed to the proposal, but Mro Farrow has made it clear that he does not wish to have the trail developed on his side of the road, and Mre Meurer said� it should be determined�'�ca+ne�ller the requfrement f or a traf 1 could be made a condition of approval , since a trail is not a requirement of the Sub- division Ordinance. Mr, Meurer said his request to the Council on November 14, 1977 was that the requirement for a .trail be eliminated; if ' required, he asked that the grading requirements be waived so that in , the portion of trail along Mr, Farrow' s property, the necessary grading could be accomplished within the raodway easement without Mr. Farrow' s consento The Council voted on November 14 to approve 2 : 1 grading in all � but the portiori along the Farrow property, where 1 : 1 grading was approved, and_ the motion to modify the condition was duly seconded and carried by � a unanimous vote of the Council , Mro Meurer saido Subsequently, Yie. said 0 that without notification to the applicant, or publication of a notice Q of public hearing, the matter was reopened at Mra Farrow' s request and Q c�ras sent back to the Planning Commission wfthout rescinding the motion Q made by the Councilo Mr< Meurer said he considers that he has a valid approval af his tentative map , and he can meet the requirements of the most recent approval by the Councilo Mayor pro tempore Pernell asked the City Attorney to comment on whether the Council ' s action in approving the condition, which was later sent to the Planning Commis�sion without being rescinded by the Council, constituted a valid approval . Mr< Kinley said it would be necessary foz° him to review the minutes of previous meetings before giving an answera i Councilman Heinsheimer said that Mra Kinley had previously stated that ", because Mro Meurer could not meet the condition for a trail as imposed by the Planning Commission and City Council, in referring the matter � back to the Commission the Council' s approval was vacated, which is fundamentally different from Mro Meurer' s interpretation of the status of the subdivision•e Councilwoman Swanson said it was her impression that the approval of the tentative tract had been rescinded by the actiona Further, Councilwoman Swanson said that the City Clerk had been asked at the meeting whether both Mre Meurer and Mr< Farrow were notified of the meeting, and stated that notice was ,sent to both parties > Mayor Rose suggested that as a solution, the matter be referred to Caballeros with a request that they advise whether a trail should be developed in that area, or whether the trail require.ment could be waived in that areao Mayor pro tem Pernell said that the Planning Commission Chairman was formerly Caballeros Trail Chairmano Mre Meurer said he would be tirilling to accept Councilman Rose' s recommendation, in order to avoid additional delayo He said the matter was referred to the Planning Commission in November, they made a field trip in December , made their �recommendation to the Council in January. Councilman Rose said that Mr . -' Kinley' s concern regarding development of a trail in that area had been recorded -;.:� the minutes , and although he is in favor of the policy of development of a trail system where ever possible as a conditon of sub- division, Councilman Rose said that iri this case it was his opinion that Caballeros should be asked to act as an advisory group in an area where development of a trail is �uestiox�ab�l��� The Council members agreed unanimously with the recommendation and the matter was referred to Cabal- leros for review and recommendatione REQUEST FOR TIME EXTENSION, TRACT 31437 , WALTER STORM 1446 In a letter dated January 9 , 1978 from Meurer Engineering, a one year time extension in which to record Tract 31437 was requesteda -7- 24 J�nuary 23 , 1978 The Manager advised that the tentative map was approved by the Council on September 27 , 1976 , and that approval would expire on March 27 , 1978 , unless extended. Mrs > Clifton said that af'ter the ini�ial period of� eighteen months from the date of approval , the� maximum time extension permitted under the Subdivision Map Act is two yearse Councilwoman Swanson moved that the time extension for recording Tract 31437 be extended two years , to March 27 , 1980e The motion was seconded by Councilman Rose and carried by �he following roll call vote : AYES : Councilmembers Heinsheimer, Rose, Swanson I Mayor pro tem Pernell NOES : None � ABSENT: Mayor Crocker REQUEST FOR TIME EXTENSION, TRACT 29543 , ANDREW SHAW In a letter dated January 9 , 1978 from Meurer Engineering, a one year time extension in which to record Tract 29543 was requestedo The Manager advised that the tentative map was approved by the � Council on June 9 , 1975 , received a one year time extension on June 28 , 1976 and a one year time extension on May 9 , 1977o Final date to record the tract map is December 9 , 1978 , and no action was required of the Councile REQUEST FOR TIME EXTENSION, TRACT 32256 , ROGER MEURER In a letter dated January 12 , 1978 from Meurer Engineering, a time extension to the legal maximum in which to record Tract 32256 was re- questedo The Manager advised that the tentative map was approved by the Council on February 3 , 1975 , received a one year time extension on August 2 , 1976 , and a one year time extension on May 9 , 1977 . Firial date to record is August 3 , 1978 , and no action was required of the Councila , PENINSULA CENTER MASTER PLAN STUDY 1474 I� In a memo dated January 20, 1978 the City Manager advised the Council that the Environmental Quality Board reviewed and di.scussed the Draft Master Plan for Peninsula Center at their meeting on January 16 , and they asked that the Council be advised that the following items were concerns which should be addressed in a final report : parking re- quirements ; proximity of parking to the business it serves ; on-street parking for the library and small shops east of the library; traffic circulation on streets ; alternative means of transportation when Penin- sula Center is fully developed; bicycle pathway provisfonse In addition, the Board recommended that there be provisions for more green space � within are�.s around buildings , and architectural compatibility, Coun- 4 cilman Pernell , who is Chairman of the Environmental Quality Board, said no action was needed at this time, and the memo was advisorye The memo was received and filed. ORDINANCE NOo 157 ADOPTING A BUILDING CODE 1495 � Councilman Heinsehimer moved that Ordinance No : 157 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING A BUILDING CODE REGULA- TING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, USE, HEIGHT, AREA AND MAIN- TENANCE OF ALL STRUCTURES AND CERTAIN EQUIPMENT THEREIN SPECIFICALLY REGULATED, AND GRADING, WITHIN THE CITY OF ROLLING HILLS be adopted, -8- 0 25 January 23 ,� 1978 and that reading in full be waived. The motion was seconded by Council- woman Swanson and carried by the following ro1T call vote : AYES : Councilmembers Heinsheimer, Rose , Swanson Mayor pro tem Pernell NOES : None ABSENT: Mayor Crocker ORDINANCE N0. 158 ADOPTING A MECHANICAL CODE Councilman Rose moved that Ordinance No . 158 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE COUNTY OF LOS ANGELES MECHANICAL CODE AS CONTAINED IN THE 1977 EDITION OF THE COUNTY OF" LOS ANGELES BUILDING LAWS PUBLISHED BY BUILDING NEWS , INCL, AND � INCLUDING THE APPENDIX THERETO, AND MAKING OTHER AMENDMENTS be adopted, and that reading in full be waived. The motion was seconded by Council- � man Heinsheimer and carried by the following roll call vote : � - a AYES : Councilmembers Heinsheimer, Rose, Swanson a Mayor pro tem Pernell Q NOES : None ABSENT: Mayor Crocker ORDINANCE N0. 159 ADOPTING A PLUMBING CODE Councilman Rose moved that Ordinance No . 159 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING A PLUMB�ING CODE TO REGULATE SANI- TARY PLUMBING AND DRAINAGE SYSTEMS , HOUSE SEWERS AND PRIVATE DISPOSAL SYSTEMS IN THE CITY OF ROLLING HILLS be adopted, and that reading in full be waivedo The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote : AYES : Councilmembers Heinsheimer, Rose , Swanson Mayor pro tem Pernell NOES : None ABSENT: Mayor Crocker ORDINANCE N0, 169 AMENDING THE ELECTRICAL CODE Councilman Rose moved that Ordinance Noo 160 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE N0. 142 ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLL- ING HILLS , CALIFORNIA, ENTITLED "ELECTRICAL CODE" AND ADOPTING BY REF- ERENCE THE NATIONAL ELECTRICAL CODE OF 1975 AND MAKING CERTAIN AMENDMENTS AND ADDITIONS THERETO" be adopted, and that reading in full be waived, The motion was seconded by Councilman Heinsheimer and carried by the following ::�oll call vote : � AYES : Councilmembers Heinsheimer , Rose , Swanson Mayor pro tem Pernell NOES : None ABSENT: Mayor Crocker TRAFFIC COMMISSION 1524 Councilman Heinsheimer reported that the Traffic Commission met prior to the Council meetinge Of particular interest was the problem of parking -9- �� January 23 , 1978 on Williamsburg Lane, which will be resolved in the near future by citing violators and by providing and enforcing a; no parking area on the street to discourage parking in the roadway during the day. Re- q�ests and recommendations for various signs . in o-ther locations were considered, the Chairman said, and a report will be given in approxi- mately eight weeks . - The City Attorney said it would be necessary to amend the Traffic Ordinance if new signs are installed and no parking areas reservede With regard to the Rolling Hills Womens ' Club Coffee in May, Councilman Heinsheimer said a plan will be developed for central park- ing and a shuttle system, to relieve congestione COUNTY �ORMATION REVIEW COMMISSION FOR PROPOSED PENINSULA COUNTY 1537 Councilman Heinsheimer reported that he attended a meeting of the County Formation Review Commission for a Proposed Peninsula County at Miraleste High School on January 16 , 1978 , and there seemed to be little public interesto Members of the 'City Council and staff of the City of Rolling Hills Estates appeared and spoke in opposition to the proposal , but they also indicated that there is little public response, so it is difficult to obtain a clearly negative attitude among the people who would be affectede Councilman Heinsheimer said that on behalf of the City Council he had expressed opposition to a county which would not include all the Peninsula cities , and had also stated that notice of the meeting was sent to all residents of Rolling Hills , although no one from the City attended the meeting, Further, Councilman Heinsheimer said he had stated that there is a difference between a symbolic anti-tax protest , and an actual formation of a new county, which could have a disastrous financial impact , which the City of Rolling Hills recognizes , and it is their hope that the members of the Committee will also recognize the differenceo Councilwoman Swanson said she attended the meeting, and was sur- prised at the small number of people who attendede SCAG - LeA, COUNTY STUDY ON LOW COST HOUSING 1560 Councilwoman Swanson advised that SCAG staff had prepared a Draft Regional Housing Allocation Model which indicated that the City of Roll- ing Hills should provide 93 low cost housing units . Councilwoman Swanson said that SCAG' s recammendations are being made to the State and local governments , and require some action on the part of local jurisdictions . She said it is her hope that all the Peninsula cities will reply to the recommendation with a request that the Executfve Committee reconsider and restudy the basis and criteria on which the fair share was deter- mined. Furth�r, Councilwoman Swanson said she thought it should be stated that there is not sufficient room for numerous housing units in Rolling Hills and such housing wbuld not be in keeging with other crite�°fa F�<�rtaitiing� tb -the :city which SCAG may izot be aware of, A letter dated January 4, 1978 from State Senator H. L. Richardson expressing concern that SCAG was attempting to become a regulatory agency and a resolution from the City Council of the City of Burbank opposing the housing distribution proposals were presented to the Council . Councilman Heinsheimer said there is a fundamental difference in approach between the recommendation by Councilwoman Swanson that SCAG be asked to reconsider and restudy the matter, and the statements by Senator Richerdson and the Burbank. resolution ob,jecting to SCAG' s pro- posal for a housing allocation plari which would usurp the powers of the local cities with respect to plannii�g and housing distribution. -10- 2'7 January 23 , 1978 Following the discussion the City Attorney was requested to prepare a letter objecting to SCAG' s fair share allotment, and stating that such a project would be unacceptable to the City of Rolling Hills because of - incompatibility with the unique topography and strict architectural control in Rolling Hills , and to submit the letter to the Mayor for his approval before it is sent. Councilman Heinsheimer suggested that Coun- cilwoman Swanson work with other local cities in an effort to coordinate a response to the plan, and write to Senator Richardson, Assemblywoman � Marilyn Ryan and other legislators , enclosing a copy of tYie City' s letter to SCAGa � TRAFFIC STUDY BY COUNTY ROAD DEPARTNIENT 1707 The City Manager advised the Council that representatives of Los � Angeles County Road Department have advised her that the cost for a study of the City, reviewing signs , drainage structures , road design, � including review and report on the mechanical traffic controls at all . � gates , and a final report on the total study would be $2 , 900. 00. Mrs . C-lifton advised that the Board of Directors of the Rolling Hills Com- O munity Association have expressed a concern about the study which might a reveal deficiencies in the roads as to contours and/or width, and she Q requested that representatives of the Council discuss the matter with a representatives of the Board before authorizing the expenditure, Councilwoinan Swanson said it was her understanding that the road � study was initia'ted in an effort to review the matter of safety and adequacy of the roads when considering the proposal to annex seven additional acres to the ' Flying Triangle Extensfon. Councilman Heins- heimer said that if the report reveals discrepancies in the roads , the matter should be presented to the Board of Directors for action. He said substandard roads are a matter of safety, and the study should be conducted on that basis . Councilman Rose moved that an expenditure upcto $3500. 00 be authorized to include a radar study in the reporte The motion was ' seconded by Councilman Heinsheimer. Mayor pro tem Pernell said that he would attend the next meeting of the Board of Directors of the Conununity Association on February 2 to discuss the matter with the Board. Councilman Rose moved that his motion be tabledo Mayor pro tem Pernell seconded 'the motion and the matter was held on the agenda for a report at the next meeting of the � action by the Board of Directors . CHACKSFIELD-MERIT HOMES IN JOHNS CANYON AREA 1�827 Councilwoman Swanson reported that she attended a recent Board of Directors meeting and heard a lengthy discussion about access to pro- perty in the Johns Canyon area which is being developed by Chacksfield- Merit Homese Road location and traffic flow were considered at length, Councilwoman Swanson said, and she expressed concern that decisions on such matters were made by the Board of Directors , rather than by the Planning c.ommission. � J'' The City Attorney explained that subdivisions are submitted first to the Community Association for creation of building sites , and the owners of record of two thirds of the property must approve the pro- posala �In order to determine whether such divisions of land should �,,,,. be approved, the Community Association has adopted a Resolution, similar to but less lengthy than the City' s Subdivision Ordinance. One of the requir�ments of the Resolution is that the subdivider must show par- cels , access , road on a map submitted to the Board of Directors , and they make their decision on that basis as to whether to approve creation of additional building sites . The Planning Commission cannot be used as an advisory agency by the Community Association, Mr. Kinley said. -11- �O January 23 , 1978 APPOINTMENT TO ENVIRONMENTAL QUALITY BOARD r, 5-1-3 In a letter dated January 20 , 1978 Mrse Joan� Saffo, Vice-President �f the Board of Directors of the Rolling Hills Community Association, submitted her resignation from the Environmental ,Quality Board, and , recommended that .Kip Goldreyer become the Board' s� representative, leav- i ing the member at large position, open. Mrse Saffo said the Board wished to recommend� Nieky Field for �the position of, memb.er. ,at large e 'I Mayor pro tem Pernell recommended that the Council accept Mrs . I Saffo' s resignation and appoint Mrso Goldreyer as representative of �he Board of Directors , but he s.aid he �hougHt .membe 'rs �of the Community should be advised that the position of inember at large was open, to give i residents an opportunity to apply, rather than make another appointment at this ti�e, Other members of the Council agreed, and it was so orderede ANNEXATION TO FLYING TRIANGLE EXTENSION Mr. Kinley advised the Council that he had been requested by Mrs . Richard Hoffman, on behalf of families residing in the Flying Triangle, to provide documentation describing what obligations were assumed by the Rolling Hills Community Association with Palos Verdes Properties or. the owner prior to Palos Verdes Properties with regard to access to the ; 19+ acres in the Flying Triangle Extension, the seven acre parcel pro- � posed for annexation to the Flying Triangle Extension, and whether rights of access extend beyond the proposed annexation into the adjacent pro- perty in the City of Rancho Palos Verdes which is still owned by Palos Verdes Properties . Mr. Kinley said he has documents which he will pro- vide. He explained that when Palos Verdes Properties sold the Flying Triangle Extension, which is in Rolling Hills , to Mr. Lowell Wooden, the}r reserved an easement across the property for the benefit of the seven acres whicr. �re inr.the� City of Rancho Palos Verdes . Mr. Wooden later purchased the seven acres , and it is his wish to annex the parcel tb the Flying Triangle Extension, Councilman Rose asked that the City Attorney provide the documents , �ith a step by step explanation of the sequence of events which led to reservation of access to the seven acres through the City of Rolling Hills , and also a statement of whether there are other means of ingress or egress in the seven acres adjacent to the Flying Triangle Extension. Mro Kinley said a provision in the Subdivision Ordinance requires that no street cross any boundary of the City, and that ingress and egress must be provided tv all� subdivisions from within the City. Mr. Kinley said the agreements originated in 1950 with an agreement between the Rolling Hills Community Association and the Ran�ho PaTos Verdes .�orpor- ation, before the existence of Palos Verdes Properties , and was accom- plished by an exchange of $15 ,000. Councilwoman Swanson asked that the matter be placed on the next agenda, and the Mayor pro tem so ordered. SOUTH BAY BURGLARY TEAM 38 A letter dated January 10, 1978 from the City of Redondo Beach was presented to the Council. The letter advised that the City' s project share in the South Bay Burglary Team for the six month period of Janu- � ary 1 , 1978 through June 30, 1978 is $23 . 08 , and a resolution author- izing the City' s participation was requested,�e Councilwoman Swanson recommended that the Council approve partici- pationo Other membets of the Council concurred, and the City Manager � was directed to write a letter so stating. - STATUS. 'REPORT - BFI RUBBISH FRANCHISE - Mayor pro tem Pernell requested that a status r.eport of the rubbish franchise with Browning-Ferris Indust.ries be placed on the agenda for review at the next meetinge -12- � . . � � ; . 29 January 23 , 1978 � . .'..a�,. PEACOCKS IN MIDDLERIDGE AREA � � Mayor pro tem Pernell asked whether there was a solution to the problem of peacocks in the Middleridge area, which was brought to the Council' s attention at the last meetinga The Manager advised that the Los Angeles County Zoo is willing to accept as many peacocks as the City can transport to the facility, and an attempt is being made to determine the best method for catahing and transporting the peacocks , TRAIL CLOSURE 47 Mrso Clifton advised that the Rolling Hi11s Community Association closes the bridle trails in t'he community annually for a period of at least twenty four hours in order to maintain the private status . Be- �cause of the recent rains , the trails will be closed within the next day, and will remain closed until they are in a safe conditiono Grading � and clearfng of the trails where needed will take place as soon as � possible , the Manager said, and residents will be advised of the closing in the Newslettere Notice will also be sent to the City of Rolling Hills O Estates» and' to local newspapers , a Q ADJOURNMENT 60 a There being no further business to come before the Council, the mee�ing was adjourned at 10 : 25 P .M. ' - � i ty C er APPROVED: � . � : ayor -13-