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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. -2- �' • 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