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11/13/1979MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA November 13, 1979 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Swanson at 7:30 P.M. Tuesday, November 13, 1979. ROLL CALL PRESENT: Councilmen Crocker, Rose, Mayor Swanson ABSENT: Councilmen Heinsheimer, Pernell ALSO PRESENT: Teena Clifton William Kinley June Cunningham Barbara Hein Douglas McHattie Dr. & Mrs. L. David W. Davisson Mrs. C. Hoffman M. Langer APPROVAL OF MINUTES 210 City Manager City Attorney Deputy City Clerk Councilwoman, RPV South Bay Engineering Residents The minutes of the meeting of October 22, 1979 were approved and accepted as presented on a motion made by Councilman Crocker, seconded by Mayor Swanson and carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Pernell The minutes of the special meeting on October 30, 1979 were approved and accepted as presented on a motion made by Councilman Crocker, seconded by Mayor Swanson and carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Pernell PAYMENT OF BILLS Councilman Crocker moved that Demands No. 8387 through 8424, with the exception of Demand No. 8409 which is void, be paid in the amount of $10,536.87 from the General Fund. The motion was seconded by Council- man Rose and carried by the following roll call vote AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: None ABSENT: Councilmen Heinshiemer, Pernell SCAG RE: ASSISTANCE FOR HOUSING AND COMMUNITY DEVELOPMENT 250 Correspondence dated October 25, 1979 from SCAG requesting support of the SCAG Areawide Housing Opportunity Plan and its implementation strategy to achieve a more balanced housing stock throughout the region was presented to the Council. After discussion the Council agreed that there is no land available in Rolling Hills at present, without condemnation, for assisted housing. The correspondence was received and filed. November 13, 1979 HOUSING ELEMENT GUIDELINES, STATE DEPT. OF HOUSING & COMMUNITY DEVELOPMENT A memorandum dated November 5, 1979 from the State of California with reference to Housing Element Guidelines was presented to the Council. The Acting General Counsel advised that in a recent legislative bulletin the League of California Cities took the position that Housing Element Guidelines are advisory; the legal opinion of the Department of Housing and Community Development is that the Guidelines are mandatory. Mr. Kinley said the Legislative Counsel does not agree with the statement, and the matter may have to be settled through the courts. Mr. Kinley said he has a copy of the Legislative Counsel's opinion, which states that the Guidelines are discretionary only, and were not meant to be mandatory. Mr. Kinley said he has sent for the most recent information from SCAG, establishing the quota for cities, but has not received the material. The Guidelines from SCAG will be given to the Council as soon as they are received, Mr. Kinley said. Mayor Swanson ordered the matter held on the agenda for additional information. RANCHO PALOS VERDES RE: CITY'S LOCAL COASTAL PROGRAM 280 In a letter dated November 5, 1979 -Mayor Ann Shaw of Rancho Palos Verdes advised the Council that the decision of the South Coast Regional Commission to conditionally approve the Rancho Palos Verdes Local Coastal Program has been appealed by the City to the California Coastal Commis- sion. Mayor Shaw said the coastline is unique in the area of the City, offering valuable marine resources, habitat for birds and other wild- life and important scenic and visual qualities, and she requested sup- port of the City's position in a letter to the California Coastal Com- mission. Mayor Swanson advised the Council that Rolling Hills Estates has written letters of support to the Regional and State Coastal Commis- sions, and a letter of support has been sent by the South Bay Cities Association. Councilman Rose moved that the Council approve sending two letters in support of Rancho 'Palos Verdes. The motion was seconded by Councilman Crocker -and carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Pernell WATER SYSTEM BOND FORFEITURE, TRACT 30.345, GREENHUT 308 The Manager advised the Council that in a letter dated Septem- ber 19, 1979 the Los Angeles County Engineer advised that an agree- ment between Dr. Jerry Greenhut, subdivider of Tract 30345, and the City of Rolling Hills for construction.of a water system in conjunc- tion with the division of land will expire on December 1, 1979. The City Engineer advised Dr. Greenhut that if the work is not completed prior to that date, the security given for faithful performance will be declared forfeit. In a letter dated October 26, 1979 the County Geologist advised that the grading plan and geology reports are being reviewed, and since additional information may be required, it is not possible to advise when the review will be completed. Mrs. Clifton recommended that the Council extend the agreement for a period of one year. Councilman Crocker moved that the City Manager be authorized to write to the County Engineer and request that the .agreement for con- struction of a water system for Tract 30345 be extended for one year, and that the $18,000 cash deposit to insure completion of the work not be forfeited. The motion was seconded by Councilman Rose and carried by the following roll call vote: -2- AYES: NOES: ABSENT: November 13, 1979 Councilmen Crocker, Rose, Mayor Swanson None Councilmen Heinsheimer, Pernell PLANNING COMMISSION ACTION 340 A memorandum from the Planning Commission reporting that at a special meeting held on November 5, 1979, the Commission approved a request by Dr. and Mrs. Richard Spellberg, 5 Chestnut Lane, for a conditional use permit for a cabana was received for the file. REQUEST FOR RELEASE OF $2500 GRADING BOND, DENNIS BEAR The Manager reported that she wrote to Mr. Dennis Bear, developer. of the property at 15 Bowie Road and advised him that the grading bond would not be released until the erosion problem was resolved. Mrs. Clifton recommended that the matter be placed on the agenda until there is further action to report. The Mayor so ordered. TENTATIVE TRACT 27006, DR. MAX NEGRI, 2 QUAIL RIDGE ROAD NORTH 354 Mr. Douglas McHattie,.South Bay Engineering Corporation, presented an "as built" plan for the guest house on the Negri property, and a copy of a building permit for.the structure dated May 29, 1950, issued by the Department of Building and Safety, Los Angeles County. Mr. Mc - Hattie explained that the.structure was built t.o code, and no building permit was required by the Community Association at that time. . Mr. McHattie said the guest house has a kitchen, and is occupied by a friend of the Negri family. It is Dr. Negri's wish that.the guest house remain in its current state while the subdivision is in progress, since he does not wish to ask the occupant to move, neither does he wish to remove the kitchen, and when the final map has been prepared, he has agreed that the tract will be finalized only if circumstances have changed and the guest house is no longer used to house the current tenant. Mr. Kinley advised the Council that when the structure was built it was' subject to,.County^zoning, and he does not believe that there ':was::. a prohibition against.a second kitchen in•the County's regulations'at that t ime .. To bring . the .. guest douse *. into conforma.xvice with .,the City's regulations, the cooking facilities would.have to be removed. . Following discussion Councilman Crocker moved that the tentative map as revised for Tract 27006 be approved subject to the conditions that the "as built" plans for the guest house be made part of the file; that the existing kitchen facilities be permitted to remainuntil the.- final heafinal map has-been prepared; that.prior to approval of the final map the kitchen facilities and gas meter be removed; that the Council find that the tentative map.is not in violation of.the:requirements of the City's Subdivision.Ordinance, as amended, or the Subdivision Map Act; that it is in conformance with the City's General Plan; that there is no violation of sewage discharge requirements; that the Environmental Impact Report was filed --with and approved by the Environmental Quality Board; -and subject to requirements of the -Planning Advisor's Report dated July 11, 1979, as amended to comply with the tentative map as amended September 11, 1979. The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Pernell TRAFFIC COMMISSION RECOMMENDATIONS FOR COUNCIL APPROVAL 445 Mayor Swanson advised the Council that the Traffic Commission met. and made certain recommendations for signs to be erected in specific areas of the City; in addition, staff made recommendations.. The Mayor asked that the Council review the recommendations. -3- November 13, 1979 Mr. William Davisson, 7 Lower Blackwater Canyon Road, advised the Council that he was present to request that a staff recommendation for a stop sign for traffic from Lower Blackwater Canyon Road entering Middleridge be enlarged, and that a stop sign also be placed on Middle - ridge at its intersection with Blackwater Canyon Road. Mr. Davisson said there is a stop sign on Williamsburg Lane for southbound traffic entering Middleridge Road, and because of substantial traffic in the area and the number of small children, it was his opinion that east- bound traffic on Middleridge Road should be required to stop at the intersection of Middleridge and Blackwater Canyon, and that northbound traffic on Blackwater Canyon Road should be required to stop prior to, entering Middleridge Road. Councilman Crocker moved that the recommendations of the Traffic Commission, the recommendation of staff, and Mr. Davisson's recommend- ation be approved, and that the City Manager be authorized to place signs as follows: 1. Curve warning sign, northbound and southbound traffic, 71 Saddleback Road 2. Stop Sign, Roadrunner Road traffic entering Saddleback Road 3. Sign reading ROAD NARROWS, Quail Ridge Road North Sign reading NARROW ROAD, Possum Ridge Road 4. Stop Signs, Lower Blackwater Canyon Road, northbound traffic entering Middleridge Road Middleridge Road, eastbound traffic at intersection with Lower Blackwater Canyon Road The motion was seconded by Councilman Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Rose, Mayor Swanson NOES: None ABSENT: Councilmen Heinsheimer, Pernell PROPOSED NEW SECURITY SYSTEM AT GATES 515 Councilman Rose reported that prior to making any changes regarding security measures at the gates to Rolling Hills, the Board of Directors has indicated a desire to get the feeling of the community in the matter, and they intend to send a brief questionnaire to residents asking them to state whether they feel that the present system is adequate, in which case nothing will be done, or whether additional measures -§boul'd be taken. Councilman Rose said it is his opinion that the questionnaire sent to the community should be much more definitive, and he has prepared a questionnaire which he feels deals more broadly with the subject. He read the list of questions to the Council. In discussing the matter, Mayor Swanson said there was a reluct- ance expressed at neighborhood meetings about the proposal that all non- resident traffic would be routed through the Main Gate. Mr. Kinley said that easement over certain roads including Eastfield Drive is guaranteed in the deed restrictions for some properties. Councilman Rose said the wording of his questionnaire states that residents, domestics, and road use permit holders would be admitted through all gates; it is his inten- tion to request that all others be sent through the main gate to eliminatel abuse by non-residents who use the City of Rolling Hills as a short cut from one area to another. Councilman Rose suggested that his question- naire be sent with a stamped, addressed return envelope. Mr. William Davisson said that if the proposal is being made in the interest of security, it is important to know whether the majority of residential burglaries are committed by residents or non-residents. Councilman Rose said it is his understanding that most of the burglaries are non-professional, and are committed by residents, or non-residents living in areas surrounding Rolling Hills, with an occasional profes- sional type burglary. November 13, 1979 Councilman Rose reviewed the camera system"being considered; he also said a communication system between the gate and individual homes has been considered, and he proposed to ask residents whether they Would be willing to pay $3.00 - $5.00 per month for such a communica- tion system. Mrs. Carole Hoffman asked about the cost for the total system and cameras, in addition to the monthly charge for individual. residences. Councilman Rose said there would be a one time capital investment for the cameras, and for a reader to interpret the inform- ation obtained from the camera monitor system. Mrs. Clifton said the total installation cost would be $8,000 - $10,000, one time cost, with a contract for maintenance. Mrs. Hoffman said the residents should be advised of the cost of the system being considered, as part of the questionnaire. Mayor Swanson said an increasing number of residents are install- ing burglar alarms and security systems in their homes, as a measure against more sophisticated and professional burglars. Councilman Rose said his proposal to re-route traffic,would also decrease road -maint- enance costs, as traffic is diverted through the main gate, and some of the traffic is eliminated. Councilman Crocker said that as the commercial development at Peninsula Center progresses there will be increasing pressure by non-residents to use the roads for access to the Center. Councilman Rose said he would attend the meeting of the Board of Directors on Thursday, November 15, and he asked that his questionnaire be typed and sent to members of the Board, with a cover memo, for review prior to the meeting. COUNCILMAN PERNELL ARRIVED AT THE MEETING AT 9:00 P.M. HOLD HARMLESS AGREEMENT 690 Mr. Kinley reported that as requested by the Council he had reviewed the Hold Harmless Agreement provided by South Bay Engineering Corporation. It was his recommendation that the City not enter into such an agreement. if requested to do so. SUBDIVISION PROCEDURES ON GEOLOGY REPORTS 770 Mr. Kinley advised the Council that the City can put the burden of engineering expense on the subdivider by enacting an ordinance which would require soils tests and geology reports as part of the Health and Safety Code, and further, by enacting an additional ordi- nance prescribing an alternate procedure equal to or more restrictive than the first requirement. In that way, Mr. Kinley said the Rolling Hills City Council could develop more stringent requirements for.geo- logy reports than currently required by adopting such ordinances, but the geology reports would then have to be reviewed and analyzed by the City.Engineer. Another section of the Health and Safety Code provides for an explicit charge for geological reports if a map shows that the area to be subdivided is subject to active faults. Mr. Kinley said that according to the City's Seismic Report, all faults within the boundaries of Rolling Hills are inactive, so the procedure would not be available to the City. Remedies available to the City of Rolling Hills are those set forth in the Subdivision Ordinance and the Sub- division Map Act. Councilman Pernell asked whether.it would be practical to require a subdivider to provide geology reports from two geologists. Council- man Crocker said the question before the Council is whether to rely on the County Engineer to evaluate the report submitted by the subdivider's geologist, or whether another private geology firm should be hired by the City for an independent opinion. Another question is who should pay for the second private geologist. Mayor Swanson said it is her opinion that the burden of proof lies with the subdivider, and he should be responsible.for the total cost. The Mayor introduced Councilwoman Barbara Hein, the City of Rancho Palos Verdes, who, with Mayor Ken committee formed to study the slide area in that city mendations to their City Council. -5- Mayor pro tem of Dyda, is on a and make recom- November 13, 1979 Mrs. Hein distributed copies of a map showing the moratorium area in Rancho Palos Verdes, adjacent to the City of Rolling Hills. De -watering wells are being installed in the area, and because it is so expensive, a procedure has been developed to provide a withdrawal procedure for residents whose properties have been included in the moratorium area, but are not in the slide area. Upon submission of a geology report prepared by an independent geologist to be critiqued by the City's geologist, an individual may be permitted'to have his property removed from the moratorium. A flow chart showing the pro- cedure, through review of a report prepared by a private, independent geologist submitted to the City's geologist, with final review of both reports by the County Engineering Geologist, was circulated to Council members. Mrs. Carole Hoffman asked whether a privately employed geologist has presented a report which has been refuted by either the City's or County geologist. Mrs. Hein said some data has been rejected because of insufficient data; but an opportunity is given for the geologist to provide the additional in depth information. Mrs. Hein said the costs for the independent report and the review are paid by the applicant, not the City. Finally, Mrs. Hein said an owner of an individual lot may find out that the geology of his lot, thirty five feet or more be- low the surface, involves a greater area than his individual lot. Councilman Rose said he was told that there was a problem in lo- cating the de -watering well sites, and many residents were asked to sign hold -harmless agreements in connection with the project. Mrs. Hein said 897o of the residents who were requested to •8ign such an agreement did so. Councilman Crocker asked whether the Rancho Palos Verdes City Council had dealt with the question of whether to require the subdivider to pay the fees for additional geology. Mrs. Hein said the Council works under the first reference to the Health and Safety Code, which provides that the Council can require additional geology reports and information by.enacting the necessary ordinance. Further, Mrs. Hein said the City of Rancho Palos Verdes made. the initial invest- ment of approximately $30,000 to study the new slide area consisting of approximately 80 acres, and hired a private geologist to establish a base and develop the criteria which must be met by subdividers and other property owners who wish approval of a project by the City. Mr. Kinley asked Mrs. Hein who would prevail in the event the County Engin- eering Geologist did not agree with the private geologist hired by the City. Mrs. Hein said representatives of the County met with represent- atives of theCity and their private geologists, and a set of guidelines was developed. Mayor Swanson thanked Mrs. Hein for her presentation. Mrs. Hoff- man said residents in the Flying Triangle should have been advised that Mrs. Hein would be present at the Council meeting. Mrs. Hein said her appearance was arranged on short notice; Mayor Swanson said residents who wish to hear her presentation can call the City Clerk and make an appointment to listen to the tape. Mrs. Hoffman asked the Council whether they intend to engage a private geologist in Rolling Hills. Councilman Rose said one of the matters before the Council is whether the cost for a private geologist can be passed on to the developer, rather than to all residents of the City. Councilman Pernell said it is important to develop reasonable criteria which will give a developer an idea of the total cost, rather than an open-ended approach. Mayor Swanson said the Council should decide whether a moratorium should be -,.imposed on any part of the City. Councilman Pennell said the Council needs geologic data, also help in interpretating it. Councilman Rose suggested that a private geologist be hired and asked to assist the Council in developing guidelines. Councilman Pernell said the County Engineer should be used as the City's first resource, than a private geologist should be hired to critique the County Engineer's report. Mayor Swanson said a number of residents -in the Flying Triangle have already joined together, and several years ago a geology report on the Flying Triangle was prepared for a group of residents in the area who joined together to have the study made. Mrs. Clifton said she would ask Bob Smith of the County Engineering Geology Department to come to the Council meeting. Councilman Rose said the next step for the Council to take is to contact the County -6- November 13, 1979 Geologist and. ask for assistance in developing parameters for submit- tal of private geology reports for a given area; the following step. is for the Council to hire a private geologist. Councilman Crocker said that if a subdivider can not pay for the additional geology the City should pay. He said he would not be willing to 'vote on a sub- division unless he was sure of the geology. Councilman Crocker asked the City Attorney whether the City Council has the authority to hire a private geologist, and Mr. Kinley said he wished the record to show that they do have such authority. Dr. Laurence David, 5 Ranchero Road, said that in a.letter sent on behalf of the Flying Triangle the Community Association was asked to.hire a geologist to protect the community, and the Association refused. Mr. Kinley said the Community Association has the authority to hire a geologist, but is not obligated to do so. Mayor Swanson said that because of the importance of the matter, she wished the Manager to ask the County Engineer to attend the next meeting. Councilman Rose said the City Attorney should be requested to draft an ordinance so the matter can be handled in the most exped- itious manner, least expensive to the residents, and the County Engin- eer should be asked to draft a set of parameters for geological sub- mittals. Dr. David said a number of residents in the Flying Triangle area have hired a reputable geologist to critique the report submitted to the County by Converse, Davis, Ward, Dixon and Associates, and the geologist, Dr. Dave Cummings, a professor of geology at Occidental, has written a letter to Dr. David pointing out a number of omissions and flaws .in* the study. Dr. David said he would provide the Council with a copy of the letter. Councilman Pernell suggested that the letter be made available to the City of Rancho Palos Verdes, and Dr. David said he would have no objection. Mr. Major Langer, 1 Runningbrand Road, said there might be a conflict of interest if the County is asked to comment on geology in,the 19 acres in the Flying Triangle Extension, since the County was held responsible for the Portuguese Bend slide a number of years ago. Councilman Rose said a second opinion would be valuable in that case. Mr. Langer said that the geology in the entire area, not only the Flying Triangle Extension, should have a second opinion. He suggested that a geology committee be considered, to deliberate on the matter. Councilman Crocker said he agrees that there is a need for an independent opinion, and he would be willing to consider rec- ommendations from the residents in the Flying Triange, or from Mr. Langer, whom thay have hired to represent them, but it was his opinion that the recommendations should be made by engineers or engineering firms to be considered. He said the Council has to make the decisions. Dr. David said the residents of the Flying Triangle have reasonable fears and questions about development of the area. Councilman Pernell said the Council shares the residents' concern and anxieties about the Flying Triangle. Mayor Swanson ordered the matter held on the agenda for inform- ation from .the County Engineer. RECOMMENDATION FOR CHARTER FOR PENINSULA TRANSPORTATION COMMITTEE 1250 Mayor Swanson reported that at the last meeting of the Peninsula Transportation Committee a decision was made to develop a charter for the Peninsula Transportation Committee to state the principal of the . Committee, and to protect the concept of an organization of the cities. The Mayor said Councilman Gunther Buerk sent her a draft of the pro- posed charter, which provides that the Committee shall be composed of one officially appointed representative from each of the four Penin- sula cities. Mayor Swanson said that Councilman Buerk has requested comment and input on the proposed charter. Councilman Crocker moved that the Council approve the concept of the Charter, subject.to a recommendation from the City Attorney after he has reviewed the draft copy. The motion was seconded by Councilman -7- November 13, 1979 Rose and carried by the following roll call vote: AYES: Councilmen Crocker, Pernell, Rose, Mayor Swanson NOES: None ABSENT: 'Councilman Heinsheimer ADJOURNMENT TO EXECUTIVE SESSION The meeting was adjourned at 10: to an Executive Session to discuss pending litigation. The meeting was reconvened at 10:35 P.M.*. ADJOURNMENT TO PERSONNEL SESSION The meeting was adjourned to a Personnel Session at 10:40.P.M. ADJOURNMENT Mayor Swanson adjourned the meeting at 11:30 P.M. APPROVED: Iff-32 City erk Ll