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7/14/1980aml? M�Mj MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA 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 pro tempore Crocker at 7:30 PM Monday, July 14, 1980 ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Crocker, Pernell, Swanson Councilman Rose, Mayor Heinsheimer Teena Clifton William Kinley June Cunningham T. Burrell M. Tracy E. King J. Abdo F. L. Coates Mr. & Mrs. J. Hummel Mr. & Mrs. A. Roberts Dr. K. Tokita City Manager City Attorney Deputy City Clerk Attorney Attorney Student Observer Residents The minutes of the meeting on June 23, 1980 were approved and accepted as amended on a motion made by Councilwoman Swanson, seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose The Clerk was directed to make the amendment with regard to Review of Geotechnical Investigation, 3 Southfield'Drive, a part of the perma- nent record of the June 23 meeting. PAYMENT OF BILLS Councilwoman Swanson moved that Demands No. 8939 through 8982 be paid in the amount of $18,477.64 from the General Fund, and that Demand No. 8946 be voided. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose REVIEW OF GEOTECHNICAL INVESTIGATION, 3 SOUTHFIELD DRIVE, 50 Letters dated June 25 from Chester Jenkins, 10 Southfield Drive and Tim Burrell, attorney for F. L. Coates, dated June 26 were received for the file. The Manager reported that no letters were received from Dr. Cum- mings or from Mr. Elia-s, attorney for Dr. Fred Mishkin, 3 Flying Mane Road. A letter dated July 9, 1980 from Dr. Mishkin was entered into the file. Mr. Kinley said he talked with Mr. Elias, and was advised that a letter would be sent advising the Council that Dr. Cummings had visited the site and concurred with the findings and statements made by Mr. Lockwood, Mr. Eagan and Mr. Keene. Mrs. Clifton said Mrs. Mishkin had advised her that Dr. Cummings had filed his report with Mr. Elias, and no letter would be sent to the City, since the Mishkins had discharged both Dr. Cummings and Mr. Elias. Mrs. Mishkin advised Mrs. Clifton that Dr. Cummings reported to them that after he visited the site he agreed with the findings of the other I 'J 387 July 14, 1980 geologists, but no letter would be sent by Dr. Cummings on the advice of Mr. Elias. Mayor Crocker asked that a letter be written to the file by Mr. Kinley reporting the facts of the conversations for future reference. Mrs. Clifton said she would write to the residents in the Southfield area who received notice of the hearing, advising them of the devel- opments in the matter and the final disposition. Mr. Len Coates, owner of the property at 3 Southfield, advised the Council that he talked with Dr. Cummings a week after the Council .meeting, and Dr. Cummings said he had submitted his findings to Mr. Elias, Dr..Mishkin's attorney, and he referred Mr -..Coates to him. Tim Burrell, attorney for Mr. Coates was out of town, so Mr. Coates called Mr. Elias. Mr. Elias told Mr. Coates that he was on the Coates property at the same time as Dr. Cummings, Mr. Lockwood, Mr. Burrell, Mrs: Burrell, Mrs. Mishkin and.Mrs. Clifton. Following the inspection of.the site Dr. Cummings advised Mr. Coates that ..the lot was eminently buildable, that he concurred with the findings reported by Mr. Lockwood and the conditions he had found on the other side of the street in the vicinity of the Mishkin lot did not pertain to the Coates lot. Mr. CO Coates said further that Mr. Elias advised him that he..was withdrawing 0 all opposition to avoid any additional expense in the matter, and he Q complimented Mr. Coates on his selection of the Burrells as builders, Q and on Tim Burrell, his attorney, and his selection of Bruce Lockwood Q as his geologist. Mr. Kinley asked that Mr. Coates' remarks to the Council be certified for the record when transcribed. The Mayor so. ordered. 94 PUBLIC HEARING, PROPOSED ORDINANCE AMENDING ZONING ORDINANCE:.RE: TENNIS COURT Mayor Crocker opened a meeting of a public hearing to consider a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING ORDINANCE NO. 170 WHICH ORDINANCE AMENDS ORDINANCE NO. 150 AND ORDINANCE NO. 33, ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR ZONING IN SAID CITY". The proposed ordinance was developed following a study of tennis courts and land development by the Planning Commission, and incorporates recommend- ations made by the Planning Commission for amendments to existing ordi- nances. . Residents present at the meeting said they did not receive notice of the hearing, which.was.sent to all residents of the City in a News- letter. Mrs. Flora Hummel, 3 Ringbit Road West, asked that the pro- posed amendments be made available to residents. Mayor Crockerheld the hearing open and asked that residents be advised that the proposed ordinance will again be before the Council at the next.meeting, and comments from residents will be heard. The Manager was requested to have Paragraph 3 (c) of the proposed ordinance defining the amendments, printed in the Newsletter. INTRODUCTION OF PROPOSED ORDINANCE 110 Councilman Pernell moved that the proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING ORDINANCE NO. 170 WHICH ORDINANCE AMENDS ORDINANCE NO. 150 AND ORDINANCE NO. 33 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA PROVIDING FOR ZONING IN SAID CITY" be introduced, and that reading in full be waived. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose -2- July 14, 1980 EARTH MOVEMENT AT 59 PORTUGUESE BEND ROAD 124 The Manager reported that pursuant to advising the Council of a crack on Portuguese Bend Road in the area of #59 and transmitting a communication dated June 25, 1980 from Arthur. G. Keene, County Geologist to Ivan Bullum, District Engineer, Building and Safety Division, to the Council, she has continued to monitor the. situation, with Mr. Bruce Lockwood. Mr. Lockwood advised on July 14 that instrumentation indi- cates that there still seems to be some movement. Mrs. Clifton said she visited the area with Mr. Keene and Mr. Bob Smith, a County Geolo- gist, and Mr. Keene ordered development work stopped at #59 and #64 Portuguese Bend Road. Councilwoman Swanson said she was contacted by Mr. and Mrs. James Evans, 62 Portuguese Bend Road, who expressed their concern about the drainage in the area. Mrs. Clifton said she has been monitoring the drainage problem for several months, and more than two months ago she asked the County Engineer to review and report on adequacy of drainage at #59, #62 and #64 Portuguese Bend Road, since it was her opinion that neither she nor the City Council should take the responsibility of de- termining how the water should be disposed of. Dr. Kenneth Tokita., owner of property at 64 Portuguese Bend Road, advised the Council that he had observed the drainage prior to design of his residence, and he does not consider that there is a problem on his property. Mrs. Clifton said his property has been included as a precautionary measure. Dr. Tokita said two construction crews have been discharged, and he wished to know as soon as possible when work on his property will be resumed. Mayor Crocker said Dr. Tokita will be advised as soon as the County Engineer annroves resumbtion of the construction on his property. Mr. Kinley addressed the Council on recent changes in the law and he recommended that the Council refrain from designing any systems for disposal of surface waters, which should be the responsibility of the property owner. Mrs. Ann Roberts, 7 Southfield, asked whether drainage require- ments will be put into an ordinance. Mr. Kinley said they are in the Building Code. COST ESTIMATE BREAKDOWN FOR BUGGY WHIP RIDING RING CONSTRUCTION 245 Mrs. Clifton presented a cost breakdown for Buggy Whip Riding Ring Construction in the amount of $9,494, submitted by Dr. Larry Kelly, and she advised that the construction would use all of the available money in the Recreation Fund. Councilman Pernell said Caballeros should be so advised, and given an opportunity to decide whether they want that ring or an alternative. Councilwoman Swanson said drainage is a.big problem at the ring site. Mrs. Clifton said proper grading would divert the water to an existing drain, and she said she would discuss,the matter of ring development with Dr. Kelly. Mayor Crocker said Caballeros should be requested to send a letter stating their desire to have the ring constructed and agreeing to pay the difference between the money designated for the ring and the actual cost, before any further action is taken, and he ordered the matter held on the agenda. STAFF PROPOSAL ON CITY FEE STRUCTURE 271 A staff recommendation to increase Variance and Conditional Use Permit Fees to $500.00 and retain the $250.00 fee for Appeals was approved on a motion made by Councilwoman Swanson, seconded by Council- man Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose Consideration of subdivision fees was held on the agenda. -3- CD CD O Q Q Q July 14, 1980 RUBBISH FRANCHISE 297 Um in Councilwoman Swanson reported that at a recent meeting attended by Councilman Pernell, the City Manager, Councilwoman Swanson and rep- resentatives of rubbish removal contractors it was determined that BFI could not comply with the Council's wish to avoid high costs, as BFI proposed one increase effective immediately, and another increase effective January 1 to June 30, 1981. Removal, Inc. responded to a request for a bid on service, and offered to provide the service for the.present rate for six months, and then increase the costs 172% for the remainder of the Fiscal Year. A letter dated July 11, 1980 from BFI Waste Systems, advising that they wished to exercise their option under Section XVIII of the fran- chise agreement and cancel the service in Rolling Hills was received for the file. Councilwoman Swanson moved that the Council accept the bid for services for rubbish disposal by Removal, Inc. The motion was seconed by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose The City Attorney was requested to prepare the contract based on - figures furnished to him by the City. Manager. PERSONAL APPEARANCE, JOSEPH T. ABDO, 0 BUGGY WHIP DRIVE 351 Mr. Abdo advised the Council that he has not been able to meet the sixty day time limit for resumption of construction on his lot at 0 Buggy Whip Drive which was approved by the Council on May 12. Mr. Abdo was accompanied by his attorney, Mr. Mark Tracy. In discussing the matter, Mr. Abdo advised that he has received what he considers a firm bid for construction, will'submit plans - to the Architectural Committee.and hopes to have an approved plan by August 11. Councilman Pernell moved that a 30 day extension be granted, and that the Council be advised of the status on August 11. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Perne.11, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose The Manager was requested to notify Mr. Gerry Webber, 2.'Buggy Whip, of the Council's actions. ORDINANCE NO. 177 400 Councilwoman Swanson moved that Ordinance No. 177, entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. 175 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA REQUIRING PRELIMINARY GEOLOGICAL REPORTS AND INVESTIGATION IN THE SUBDIVIDING OF LANDS LOCATED IN THE CITY OF ROLLING HILLS" be adopted, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, NOES: None ABSENT: Councilmen Heinsheimer, Inc Swanson, Mayor Crocker Rose a 390 July 14, 1980 ORDINANCE NO. 178 404 Councilwoman Swanson moved that Ordinance No. 178 entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA REQUIRING GEO- LOGICAL REPORTS AND INVESTIGATIONS IN THE APPLICATIONS FOR BUILDING AND GRADING PERMITS be adopted, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose RESOLUTION NO. 444 410 Councilwoman Swanson moved that Resolution No. 444 entitled RESOLUTION OF THE CITY OF ROLLING HILLS APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND REC- REATION PROGRAM be adopted and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the follow- ing roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose RESOLUTION NO. 445 424 Councilwoman Swanson moved that Resolution No. 445 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING GUIDELINES FOR THE ENVIRONMENTAL QUALITY BOARD IN SAID CITY be adopted and that reading in full be waived. The motion was seconded by Coun- oilman Pernell and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose Mr. Kinley asked that the guidelines be referred to the Environ- mental Quality Board for adoption by them before considering any Environmental Impact Reports presented to them. Further, Mr. Kinley requested that the Council authorize preparation of an independent Environmental Impact Report for Tract 33871, Chacksfield-Merit Homes, with costs to be paid by the City. Councilman Pernell moved that qn the advice of legal counsel, the Council authorize preparation of an independent Environmental Impact Report for Tract 33871, at a cost not to exceed $200. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Pernell, Swanson, Mayor Crocker NOES: None ABSENT: Councilmen Heinsheimer, Rose WEED ABATEMENT 430 Mrs. Clifton reported that the Fire Department advised that all first and second notices regarding weed abatement and brush clearance have been sent, and third notices would be sent to the few property owners who have not yet complied, prior to filing complaints with the District Attorney. Mrs. Clifton said Rancho Palos Verdes has adopted the Rolling Hills Fire Code, but not the Weed Abatement Ordinance. Mrs. Clifton said she mailed a sample of the notice to Rolling Hills property owners -5- CD O a a a July 14, 1980 and a copy of the weed Abatement Ordinance to Mr. Tom Bandy of the City of Rancho Palos Verdes staff, and plans to meet with him to discuss the procedure. PERSONNEL SESSION 480 Councilman Crocker adjourned the meeting to a Personnel Session at 9:10 P.M. The meeting was reconvened and Mayor_ Crocker reported that the Council had discussed compensation and agreed unanimously . to give the City Manager 10% of the base salary of employees who report to her, to be allocated among those employees, with a report made to Councilman Pernell, Personnel Officer, who will then make a recommendation to the City Council for their approval. ADJOURNMENT Mayor Crocker adjourned the meeting at 10:15 P.M. APPROVED: r Mayor sm City Clerk 391