12/22/1980456
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
December 22, 1980
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 Heinsheimer at 7:30 P.M.
Monday, December 22, 1980.
ROLL CALL
PRESENT: Councilmembers Crocker, Pernell, Rose
Mayor Heinsheimer
ABSENT: Councilwoman Swanson
ALSO PRESENT: Teena Clifton City Manager
William Kinley City Attorney
June Cunningham Deputy City Clerk
W. King. Residents
Mr. & Mrs. J. Lademan
D. Tuffli
APPROVAL OF MINUTES
The minutes of the meeting dated December 8, 1980 were approved
and accepted as presented on a motion made by Councilman Rose,
seconded by Councilman Pernell and carried unanimously.
PAYMENT OF BILLS
Councilman Pernell moved that Demands Nos. 9301 through 9321 and
9325 in the amount,of $23,781.85 be approved for payment from the
General Fund, and that Demands No. 9322, 9323 and 9324 in the amount
of $2,683.75 be approved for payment from the Fire and Flood Self -
Insurance Fund. The motion was seconded by Councilman Crocker and
carried by the following roll call vote:
AYES: Councilmen Crocker, Pernell, Rose
Mayor Heinsheimer
NOES: None
ABSENT: Councilwoman Swanson
ANTENNA AND TRANSMITTER SITE, SOUTH GATE 21
Mayor Heinsheimer said the matter would be.placed on the agenda
for discussion at the January 12, 1981 meeting of the City Council,
and he requested that a letter from the City Manager so advising Mr.
William King, owner of property at 92 Crest Road East, be handed to
Mr. King, who was present at the meeting.
Mr. King said that in reviewing the records in the matter he
determined that the building permit for the communications equipment
building was issued prior to consideration of the matter of the antenna
tower by the Environmental Quality Board, and issuance of a Negative
Declaration, Environmental Assessment, dated July 31, 1978. Mr. King
asked whether issuance of the permit for the building prior to a meeting
of the Planning Commission on July 18, 1978 to consider construction
of the antenna was valid.
Mayor Heinsheimer asked the City Attorney to review the sequence
of events and to advise the Council at the next meeting, when the
Council would discuss the antenna and transmitter site.
UPDATE - GEOLOGY REPORT PRESENTATION 24
The Manager reported that the presentation of the geology report
has been delayed by a combination of delayed compilation of information
and illness of geology staff. The report is being reviewed by Mr.
December 22, 1980 457 -
Keene
5'7
Keene and Dr. Ehlig, and Mrs. Clifton said the report will be ready
for presentation to the Council in a few days. Information regarding
cost for installation of shear pins, given to the Manager by Mr. Bob
Thomas, was presented to the Council.
Mrs. Clifton reported that a recent break in a cast iron water
line near Wrangler Road was determined to be a result of age, and not
land movement. The Manager said a proposal to perform an engineering
study for the purpose of determining the feasibility and costs of a
low pressure sewer system to serve the Flying Triangle by Lowry
Associates, Consulting Civil Engineers, will be presented to the
Council with the geology report. Councilman Pernell asked whether
any remedial work is being done with regard to developing cracks in
the pavement. Mrs. Clifton said Community Association personnel are
continuing to fill cracks, but re -surfacing has not been done.
Mrs. Clifton said the full report will include large fold -up
maps, and it was'the_opinion of the geology staff that it would be
less expensive if the complete report was prepared and reproduced by
them. Mayor Heinsheimer said the report should be made available to
the Board of Directors and residents of the Flying Triangle as soon
co as it is available, and he suggested that at least 100 copies be re -
CO quested, for distribution to the Council, Board, residents,and other
0 interested persons. Mrs. Clifton said the report will include the
Q study by the County geologists, and a separate report by Dr. Ehlig.
Q PLANNING COMMISSION APPROVAL, ZONING CASE NO. 260, JOSEPH LADEMAN 73
a
Mayor Heinsheimer said the approval by the Planning Commission of
a request for variances of front and rear setback requirements by Dor.
Joseph Lademan, Lot 9-2-RH, 52 Saddleback Road, was placed on the
agenda as required to give the Council an opportunity to take juris-
diction in the matter, if desired. Because the decision of the Plan-
ning Commission has been appealed in a letter dated December 17, 1980
by Dr. and Mrs. Roberto Unguez, 48 Saddleback Road, Mayor Heinsheimer
said the hearing on the appeal would be scheduled for the next Council
meeting, January 12, 1981.
Mr. Lademan advised the Council that.the access to his property
has riot changed since his first request was approved two years ago,
and he said he has agreed to repair the access roadway if it is damaged
by construction equipment. Mr. Lademan said the problem is not one of
geology, but is a soils problem because of fill, and he objected to the
60-90 day delay which will result from the hearing of the appeal. Dors.
Lademan said the geology for construction on their property has been
approved by the County, and she asked that they be permitted to proceed.
In discussing the matter members of the Council agreed that the
concerns expressed by Dr. Unguez about the possibility of damage to his
property should be addressed and.the applicant should submit professional
technical rebuttal to the appeal to the City no later than January 8.
Councilman Crocker said the County Engineering Geologist should be asked
to attend the meeting, since there is a restricted area shown on the
final map because of geology in the area.
PLANNING COMMISSION APPROVAL, ZONING CASE N0. 259, MASON H. ROSE 238
Councilman Rose advised the Council that at the meeting on
December 9, 1980 the Planning Commission approved a request for a
variance of side yard setback requirements for construction of a
garage on his property, Lot 241 -A -3 -MS, located at 37 Crest Road
East, and that an application for variances of side and front setback
requirements for construction.of a recreation/guest parking area will
be considered at a later date. A plot plan of the property was dis-
played, and the Manager defined the proposed improvements for the
Council.
Mayor Heinsheimer said the matter was placed on the agenda as
required to give the Council an opportunity to take jurisdiction in
the matter if desired. In the absence of a motion, the Mayor declared
the Planning Commission's action final.
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December 22, 1980
PRESENTATION OF GEOLOGY REPORT
Presentation of the Geology Report, the proposed cost and the
approach to a shared presentation of the report by the City and the
Board of Directors, was discussed -by the Council'.. Councilman Pernell
suggested that the Council request that the matter be placed on the
agenda of the Annual Meeting of the Community Association for discussion
of the report and the remedies available.
Councilman Crocker said that failure to act is, in effect, a
conscious decision to take no action, and residents should know that
if the Community Association takes no action with regard to remedy,
they should assess their legal rights and their own geological needs
to protect their own properties. He said it is not fair to imply
that something is going to happen from government if it is not going
to happen.
Mayor Heinsheimer said the important thing is not to become
involved in the technical geology issues, but the political issues
of whether corrective measures will be taken, who will pay for what,
should be discussed. Councilman Crocker said a statement should be
prepared in writing by the City and Assoc,iation'Counsel stating what
liability either body has to take 'corrective measures as to protect-
ing the roadway, to what extent that relates to the whole problem,
whether correction of the roadway .would protect the houses.
Mayor Heinsheimer said he would discuss with the President of
the Board the presentation of the report and how it should be
sequenced.
ISSUANCE OF CITY BUILDING PERMIT, MASON ROSE 359
Mr. Rose advised the Council that his plans were approved in
concept by the Architectural Committee and the matter was referred
to the Board of Directors for resolution of the easement situation
and violations on the property. Certain conditions imposed by the
Board were unacceptable to him, and Mr. Rose said it is his opinion
that denial of a building permit by a private, non-profit organization
does not constitute a legal impact on issuance of a City permit if all
requirements of the Planning Commission and City Council are met. He
state.,d that it is his intention to proceed with meeting the City's
requirments and obtain a building permit from the County, and he asked
that staff be instructed with regard to his application.
Mr. Kinley advised the Council that a building permit cannot be
withheld if the applicant complies with the City's conditions of
approval.
Following discussion the Mayor said it was his understanding
that if the City's conditions are met, as set forth in the record
of the Planning Commission meeting, the City Manager could be
directed to issue the permit; members of the Council concurred.
Mayor Heinsheimer asked that the record show that the Council did
not vote to take jurisdiction of the Planning Commission approval
which was presented to them, that the City Attorney advised the
Council on the administrative limits on the City Manager with re-
gard to permits, and that the Council took no further action. Coun
cilman Pernell asked that the record also show that the Council is
aware of the dual jurisdiction of the Council and Board with regard
to permits. Councilman Crocker said the Board has remedies avail-
able in the courts and can cloud the titel by lien. The Council
directed that the Manager make personal inspection of the property
to determine that all requirements have been met prior to issuance
of a city building permit by the County Engineer.
ADJOURNMENT
Mayor Heinsheimer adjourned the meeting at 9:15 P.M.
City k
APPROVED: -3-
May