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1/12/1981 459 MINUTES OF A REGULAR I!4EETING OF THE CITY COUNCIL CI_TY OF ROLLING HILLS , CALIFORN�A . January 12 , 1981 A regular meeting of the City Counc 'il 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. Nionday., January 12 , 1981 . ROLL CALL � PRESENT: Councilmembers Pernell , Rose, Swanson Mayor Heinsheimer ABSENT: Councilman Crocker ALSO PRESENT : Teena Clifton City Manager William Kinley City Attorney � L. D. Courtright City Treasurer � A: B. Stevenson Association. 114anager� (� June Cunningham � .Deputy City Clerk � M. Mendelson Attorney a S. Mills L�ttorney Q R. Mohr Advanced Electronics D. McHattie South Bay Engineering Q C. Eberting Arch.itect Mr. & Mrs. H. Agid Residents Dr. & Mrs. L. Brody , Mr. & Mrs. E. Doak Mrs. P. Hathaway Mr. & Mrs. W. King. J. Lademan A. Lipsky H. Prodromides J.. Sass D. Tuffli Dr. & Mrs. R. Unguez � Mrs. M. Wagner REORGANIZATION OF COUNCIL 535 :r•iayor Heinsh�eimer ordered the matter held on the agenda until Councilman Crocker is present . APPROVAL OF MINUTES The minutes of the meeting of December 22 , 1980 were approved and 'accepted as presented on a motion made by Councilman Rose, seconded by Councilman Pernell and carried by the following roll call vote : AYES: Councilmen Per.nell , Rose , Mayor Heinsheimer NOES : None ABSENT: Councilman Crocker � ABSTAINED: Councilwoman Swanson FINANCIAL STATEMENT On the recommendation of the City Treasurer the Financial State- rL�ent for November 1980 was approved and accepted on a motion made by Councilwoman Swanson, seconded by Councilman Rose and carried unani- mously. . � PAYMENT OF BILLS Councilwoman Swanson moved that . Demands No. 9326 through 9333 , 9335 through 9348 and 9350 through 9368 be paid from the General Fund in the amount of $10,063. 34 ; that Demands No. 9334 and 9349 be voided, �s o January 12, 19$I and that Demand No. 9361 in the amount of �288. 45 be paid from the Fire and Flood Sel� Insurance Fund. The motion was secondEd by Councilman Pernell and carried by the following roll eall vote : AYES : CounciTmembers Pernell , Rose , Swanson Mayor Heinsheimer NOES : Nane ABSENT: Councilman Crocker . GEOLOGY REPORT UPDATE 575 The Manager advised the Council that two copies of the draft Geology Report were received in the city, and that residents of the Flying Triangle were advised in a memo from the Mayor that the report could be reviewed at the Administration Office. Mrs. Clifton said the final report , including recommendations for proposed solutions, will be presented within the coming week. Mayor Heinsheime.r said he had contacted Dr. Bray, president of the Board of Directors, and had also attended the last Board meeting. The Mayor said he advised the Board tha:t , although the report was preliminary, the recommendations for corrective measures and the cost estimates would not change substantially in the final report , and he urged that the Board consider the recommendations and make a decision which could be announced at the Annual Meeting of the Community Association, or at least make some plans for action based on the information presented in the report . The Mayor said he ad- vised the Board that the cost information is an estimate by the County Engineer and is not a firm bid or final figure. Mayor Heinsheimer asked Mr. Stevenson, Association Manager, to speak to the matter. Mr. Stevenson reported that the preliminary report and the preliminary figures were considered by the Board, and no conclusion was reached as to the action to be taken. Mr. Stevenson said it is his understanding that the matter will be discussed at the Annual Meeting on. January 21 , and after analyzing the recommendations far corrective action, the Board will consider how much money is needed, how it can be raised, and a report will be made to the City as soon as possible. Mayor Heinsheimer said it should be understood that with regard to responsibility, the City is providing the report and all technical information, and the Community Association is to make a determination of what decision to make with regard to repair and prevention , and report their decision to the City. Mr. Stevenson said that dependent on the avenues available, it may require a joint effort between the agencies, the City and Association. Mr. Steven- - son said the Board will not meet again before the Annual Meeting, and the next regular meeting will be on February 5. The �Iayor said � residents who �have read the report should contact the Bcrard if they feel it is necessary to have a special meeting to discuss information contained in the report . Mayor Heinsheimer asked Mr. Stevenson to relate to the Board that on behalf of the City Council he wished to state that he and members of the Council will a.ssist in every way pos- sible prior to or at the Annual Meeting, to support the Board' s pre- ' sentation. Mrs. Clifton reported that she had a general meeting in her office on January 12 , attended by b4r. Art Keene, County Engineering Geologist ; Mr. Marvin Lowe, Regional Engineer ; Mr. Ken Harvey, Drainage Engineer, and Mr. Ivan Bullum, District Engineer, to discuss drainage and recommendations for sewers in the Flying Triangle. Mrs. Clifton said Prlr . Keene told her it was his opinion that the cost figures for corrective measures as presented in the report were on the high side, and they discussed having the proposed solution reviewed by a commercial firm �vith regard to. installation of shear pins, placement , and how long it would take . Mayor Heinsheimer said that based on the statement that the figures were high , if the figures in the County report were used -2- January 12 , 1981 461 for planning purposes, it should be sufficient to .cover� �the necessary repairs, if the Association wishes to consider a multi-year loan. Councilman Pernell asked that the proposed corrective measures and costs be exposed, and the P,4anager read from the report the estimated cost of shear pin installation as follows : l . l safety factor, which would barely stop the slide, 9 rows of shear pins ins.talled along . th� road, $1 . 305 million; 1. 25 safety factor, which, would stabilize t:;F area to a point where future development would require addition- al stabilization or a landslide waiver, 13 rows of shear pins, $2. T67 million ; 1 . 5 safety fact.or, which would allow for future developmen.t with no additional stabilization or waivers, 22 rows of shear pins,, $4. 9 million. In addition , an engineering design cost of $100,000 - $200, 000 should be added. Mayor Heinsheimer said that for purposes of planning, if the Association decided on minimum corrective measures to stop the slide, which would cost approximately $1 .5 million , and if the residents of the Flying Triangle paid �a disproportionate sha.re,. such as 20% or $300, 000, the balance of $1 . 2 million divided among the 600 families would amount to approximately $2 ,000 per family, which, spread over 3 - 4 years , would be roughly $500 -$600 - $700 � per family per year in the unaffected areas. Tf at a later date it was considered desireable to increase the stability factor, another (� plan could be worked out among the people who wish to develop in � the area. The Manager said the County seems incTined to discourage a the l . l safety factor, which .is the bare .min�mum. Mayor Heinsheimer said it was his opinion that an effort should be made to at least a attain that minimum factor before heavy rains occur. Councilman a Pernell asked whether the safety factor could be achieved in incre.- ments, so that aft'er minimum stabili�y is achieveci, additional safety could be achieved by addition of more shear pins. Mrs. Clifton said she would discuss that with the. County Geologist . Mayor Heinsheimer ordered the matter held on the agenda for additional information from the Community Associat.ion. TENTATIVE TRACT 37810, EMMANUEL DAVID, 38 CREST ROAD EAST 676 Mayor Heinsheimer opened disucssion of Tentative Tract 37810, which was held on the agenda for additional information regarding drainage. The Manager reported that she and Councilwoman, Swanson had discussed drainage and other matters relevant to the subdivision � with Mr. McHattie. � Counci.lv�oman Swanson said she would like to see a plan �or the proposed dra 'inage, and asked that it be submitted for the next meeting with a statement about the intent to fence the trail as required and to install underground utilities. D4r. McHattie said those matters are included in the conditions of approval, which were discussed at an earlier meeting of the Council . He said Mr. David plans to meet the conditions immediately, rather than bond to guarantee completion of the requirements, and he asked that tre Council vote on the map.. Mr. b�cHattie said he can solve the drainage problem with large rocks and boulders lining the outside of the drainage channel, and he said further that aerial photos .will be necessary to develop the plan. The engineer said he has met with members of Caballeros regarding the trail , and. since he_ has agreed that all requirements will be met, he asked that the subdivision not be delayed for the drainage plan. Mr. Kinley advised the Council that the conditons of approval dis-` cussed previously must be met before the final map can be approved, and the tentative map could be approved subject to completion of the conditions of approval . Councilwoman Swanson moved that the tentative map for Tract 37810 be approved subject to conditions of apProval discussed by the Council at the meeting ori December 8, 1980, specifically with regard to drain- age, undergrounding of utilities , removal of poles , and fencing of the trail . The motion was seconded by Councilman Pernell and carried by the following roll call vote: � AYES :. Councilmembers Pernell , Rose, Swanson, Mayor Heirisheimer NOES : None ABSENT: Councilman Crocker -3- 462 January 12 , 1981 H�ARING ON APPEAL, ZONING CASE NO. 260, JOSEPH P. LADETIAN, LOT 9-2-RH 760 1�Iayar Heinsheimer operied a hearing on an appeal filed by Dr, and Mrs. Roberto Unguez, 48 Saddleback Road', on the decision of the Planning Commission on December 9, 1980, approving variances of front and rear yard setback requirements for Lot 9-2-RH, located at 52 Saddleback Road and owned by Mr. and Mrs. Joseph Lademan . The Mayor said the appeal was filed because of concern that construction of a residence on the Lademan lot would cause damage to the Unguez residence since there is a geology problem in the area and the access road to the Lademan pro- perty, which is an easement across the Unguez property, shows signs of failure. Mr . Kinley advised that the Council is sitting as a Board of Adjustment Appeal . . Dr. Unguez advised the Mayor that Mr. Bruce Lockwood would be present at the meeting to discuss the matter; the ll4anager said Mr. Lockwood, who had done the original geology on the property, had spoken to her regarding the matter, and said he would be present ; ll�r . Lademan said he had talked with Mr. Lockwood a few hours before the meeting and told Mr, Lockwood it would not be necessary for him to attend. The meeting was recessed while a phone call was made to Mr. Lockwooci to determine whether he would be at the meeting. APPOINTMENT OF TRAFFIC COMMI'SSIONER 791 Councilwoman Swanson said the notice of a vacancy on the Traffic Commission was in the most recent Newsletter, and she asked that the matter be held on the agenda to give residents an oppo-rtunity to ex- press interest in the appointment and submit a resume. The b�ayor so ordered. � EXTENSION OF `9ATER SYSTEM AGREEMENT, TRACT NO. 30345, GREENHUT 799 In a letter dated December 12 , 1980 the City Engineer advised _ the Counczl that the contract between Dr. Jerry Greenhut , subdivider of Tract 30345 and the City of Rolling Hills for construction of a water system in conjunction with the division of land expired on December 1 , 1980. Since the subdivider has arranged to complete the improvement and has deposited additional cash deposit to provide suf- ficient security, the Engineer recommended that the Council approve the cash deposit increasing the faithful performance amount and the labor and materials amount , and extend the agreement submitted with the cash deposit until December 1 , 1981 . The City Manager advised the Council that the deposit of addi= tional cash for completion of the wat�r system has been verified. Mr. Kinley said the original agreement should be amended. to indicate that an additional deposit of $6,000 has been made and the time has been extended. Councilman Rose moved that the Council approve the extension of the water system agreement for Tract 30345, subject to amendment of the agreement by the City Attorney. The motion was seconded by Council- man Pernell and carried by the following roll call vote : AYES : Councilmembers Pernell , Rose, Swanson , Mayor Heinsheimer NOES : None ABSENT: Councilman Crocker ORDINANCE NO. I84 812 Councilman pernell moved that Ordin�.nce No. 184 entitled AN ORDI- NANGE OF THE CITY OF ROLLING HILLS ADOPTTNG THE ROLLING HILLS MUNICIPAL CODE AS THE MUNICIPAL CODE OF THE CITY OF ROLLING HILLS AND MAKING SUBSEQUENTLY ADOPTED ORDINANCES A PART OF SAID CODE be adopted, and that reading in full be waived. The motion was seconded by Council- woman Swanson and carried by the following roll .call vote : AYES : Councilmembers Pernell , Rose, Swanson , b4ayor Heinsheimer NOES : None ABSENT: Councilman Crocker -4- 463 January 12 , 1981 RESOLUTION N0. 454 822 � Councilwoman Swanson moved that Resolution No. 454, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS , CALI- FORNIA, INCORPORATING BY REFERENCE THE STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION' S CONFLICT OF INTEREST CODE be adopted and that reading in full be waived. The motion was seconded by Councilman Rose and carried by the following roll call vote : AYES : Councilmembers Pernell , Rose, Swanson , Mayor Heinsheimer NOES : None ABSENT : Councilman Crocker • ANTENNA AND TRANSM�TTER SITE - SOUTH GATE 885 Mayor Neinsheimer opened discussion of the antenna and transmitter site located in the South Gate area of the City, and he explained th�at he wished to focus the discussion on the safety of the portion of the (� antenna site located within the Gity of Rolling Hills. The Mayor said (� the City Attorney was rEc�uested to research the sequence of events in � connection with issuance of the permit , and in a memorandum opinion Q dated January l2 , 1981 , Mr . Kinley advised that in his opinion the fact a � . that the Environmental Impact Report negative declaration was issued after the building permit had been issued would not have any effect Q on the validity of the building permit which was issued for �construction of the communications buildi.ng. Mayor Heinsheimer invited discussion focusing on safety of the ins�allation and whether additional safety modifications should be made. Councilwoman Swanson said she was absent from the meeting at which the matter was discussed in December, and she asked why the Mayor wished to focus the discussion on safety of the installation. Mayor Heinsheimer explained that the construction accommodates equip- ment used in connection with a franchise agreement between Advanced Electronics and the Community Association, and that matters of aes- thetics are properly brought before the Associat�on. Since the concerns expressed by Mr. tiVilliam King, 92 Crest Road East , pertain �- to the safety of the installation in relation to the location of his property, the Mayor said the Council would focus the discussion on safety, which �s within the jurisdiction of the City. In response to Mr. King' s coneern corrective action to increase the safety o� the installation . has been planned, and the Mayor " said it is now incumbent upon the Council to approve or disapprove the plans for the corrective action. designed to increase the safety, and not try to determine whether or not the installation should be permitted to . remain. in the present location . Councilwoman Swanson asked that the discussion not be limited to safety, and that members of the Council be permitted to discuss other aspects of the installation. Mayor Heinsheimer said other matters were discussed previously at length, and unless the Council wished to overrule the Chair , he wished to proceed with a discussion focusing on safety, and whether or not additional construction to increase the safety should be approved. Councilwoman Swanson moved that any member of the Council be permitted to discuss any matter pertaining to the installation that is within the City' s jurisdiction. The motion died for lack of a second, and the Mayor directed that the discussion would be . confined � to whether recommendations for safety are appropriate and should be approved. Mrs. Patricia Hathaway, 19 �1'ideloop Drive, said she had. been under the impression that all communications equipment in the area was on Government property, and she said she was not notified of the public hearing on the Conditional Use Permit , although she felt her prope�ty was within the required 500 ' . The Manager ad- vised Mrs. Hathaway that it appeared that her property is slightly more than 500' from the installation . Mayor Heinsheimer explained that there are two installations, and the one being discussed is within the Rolling Hills City limits , in an Association easement . -5- � �64 January 12 , 1981 Mrs . Hatha�vay said her television reception is poor, and there is . a lot of commercial in�erference with the recepi:ion. Councilwoman S�vanson said she has received similar complaints.-from residents in the area, and sYie thought the commercial aspect of the installation should be considered. Counciiman Pernell said that although it is a commercial instaliation, the public sectors being served should be considered, and he read from the list supplied by Advanced Electronics. Mayor Heinsheimer asked Mr. King whether he had received the Safety Analysis. Mr. King said he received a plan f�om Gouvis Engin- eering and has had the plan reviewed. He said that if the substantial changes that are anticipated are made it is his opinion that the poles would be safe. Mrs. Clifton posted the drawings showing the as-built configuration and the proposed additions , consisting of crossbars to be added to the tower for added stability. In response to questions from Councilman Rose the Manager explained that the str.ucture in the City consists of one 3-pole tower with antenna dishes, and she sho�ved the proposed crossbars and steel tension rods proposed to be added. Mr. Kinley said the poles are 75 ' high; ��r. �iohr ;said 10' are in the ground and 65 ` project abave - ground level. Mr. King -said five additional cross bars will be added to each side of the triangular structure , so there will be a total of fifteen additional crossbars` on the structure, with 1" extruded steel cable in three locations on each side, a total of nine installations of steel cable , and a concrete base which will project about 33" above ground level. _ „ Pdr. King said he wished to state for the record that review of the file in�icates that the first thing issued was a Negative Declara- tion , the second thing issued was a Conditional Use Permit , and he stated that the building permit for the building which had already been constructed was issued in November 1979, after he purchased his home. hir. King said there is. no building permit for the antenna tower. Mr. King read into the record the first condition of the Conditional Use Permit as follows : "That this Conditional Use Permit shall not be effective for any purpose until the operator of the facility or his duly authorized representative has filed with the City Clerk of . the City of Lomita his affidavit stating that he is aware of, and accepts, all the conditions of the Permit . " and he said this has not ' been done. Mr. King said the changes anticipated are substantial , and constitute a major impact on the environment . Of the seven entities which use the pole, Mr. King said six are commercial, and the only non-commercial use is by the City of Rolling Hills. Mr. King said that at the Board of Directors meeting on January 8, 1981 . the Association Manager was directed to inform Mr . Mohr that every- thing that was put on the poles �vithout wri�ten permission was to be removed, specifically the dishes , and that a plan for the proposed additions must be submitted to the Architectural Commit�ee of the Community Association for review. Mayor Heinsheimer said the City Council is concerned about safety, and is concerned only about whether or not the construction for im- proved safety should be done. He explained that the Association has a lease agreement with Advanced Electronics, and can act independently of the City Council , and approval of additional construction for more stability and safety by the City should not be interpreted as a direction to the Community Association in the matter. Councilwoman Swanson said she was advised by residents in the area that they were not notified of the public hearing on the Condi- tional Use Permit . The lrianager read the list of residents to �vhom notices �vere sent into the record, and showed the proof of publica- tion of the notice in the local newspaper. Councilman Pernell asked the City Attorney what could be done about omission of Mr. Tuffli ' s name from the list of residents within 50U feet . P.�r. Kinley said that since it appears that Mr. Tuffli ' s name was omitted through clerical error, the matter could be re-opened and Mr. Tuffli could be heard. Councilwoman Swanson said other neighbors in the immediate neighborhood said they were not notified. The City Manager said the record indicates that copies of the :notice which was published on July 5 , 1978 were sent to nine property owners. -6- January 12 , l9sl � 465 Mr. Kinley said there is no permit for �onstruction of the tower; it was not included in the original permit , which was issued for construction of a communications equipment buiTding, although �he tower was shown on the drawing. Councilwoman Swanson said that in view of the. City ' s regulation about underground u�ilities . and pole removal , approval of a pole structure for a commercial activi�y should be denied, and she moved that the building permit `nc�t be appr•oved, � '_ � �- : ' �� and that the existing structure be rer�oved within 15 working days. The .motion died for lack of a second. � Mrs. Clifton said that she wished to report for the record that the building permit was issued in January 1979 according to the County Engineer 's records , and not in November 1979 as reported by Mr. King. Councilman Rose said he thought the matter should be divided into three issues : Mr. Tuffli ' s failure to receive notice of the hearing; whether to permit the proposed modifications for safety , ' and legal grounds for requzring rerrioval of �he facility. . (� Mr. Tuffli said the new construction which replaced poles which (� feli after heavy rains are higher than the original poTes , and wlien O Mrs, Tuffli came to the office to inquire about them she was advised a that nothing could be done about the constructi.on. He said they � have very limited television reception , and he questioned the declar- , ation of negative impact for construction which adversely :affects Q residents in the area. Mr. Tuffli said he personally feels that the construction is in direct opposition to cvhat the comrnunity stands for. Mr, Ftobert i�Iohr, Advanced Electronics, advise.d the Council th.at the pole$ are 65 feet above the ground, installed 10 feet into the ground, and are the same heigYit as the poles they replace, but are located approximately 20 feet north. 114r. Mohr said the poles on the Air Force property are 100 feet high. He said it is not possible for him to say at this time where the television interference is coming from, and he said he would attempt to improve the recention. He explained that th� poles are installed in a triangular configur- ' ation to reduce windload, and he said the permits were obtained by the City, and the building permit , Conditional Use Permit and the. Negative Declaration are all in the City' s name. Councilwoman Swanson asked whether there is anything. in the record to indicate that Advanced Electronics has a perm'it for the facility. The Manager said the City took out the necessary permits and the construction is on Community Association property ; the Community Association has a franchise agree- ment with Advanced Electronics. Mr. Kinley said that since the plan originally submitted showed the communications equipment building and tower, and through clerical error the building permit was issued for the building only and the tower, was not included in the permit or the inspeciion, if the Council wished to approve "as. built" plans for the construction , including proposed modifications �o increase safety, the City Clerk could be instructed to. .issue a permit in accordance with the "as built" plans, showing all additions and improvements, included the dishes, as marked on Exhibit A. Councilman Pernell moved that the Council approve a building permit to be issued to Advanced Electronics for the communications equipment building shown on the plan as built , and for all additional construction , including the dishes, as shown: on the pTan marked Exhibit "A" . The motion was ,seconded by Councilman Rose. In discussing the motion Councilman Pernell said he is concernec� about athe apparent failure to notify Mr. Tuffli, whose property is . � within 500' of the construction. Councilman Rose said he felt the failure to notify should be corrected if possible. Mr. Kinley asked _ Mr. Tuffli if he would address the Planning Commission in the matter . of a Conditional Use Permit for the facility if given an opportunity to do so; Mr. Tuffli, said he would. Chairman Pernell said he wished to have his motion postponed and b4r. Rose agreed. The Mayor ordered . the motion held until the next meeting for an opinion from Mr. Kinley about remedies available to Mr. Tuffli. . Mr. King said he wished to request for the record that residents be permitted to comment on the proposed motion before the vote is taken. The Council a_greed to the request . -.7- . � �ss January 12 , 1981 Mr . Morley b4endelson , attorney for Mr. 114ohr , advised the Council that his client has vested rights, and if the objections to .the tower are based on safety , as represented, and not on aesthetics , he asked that he and Mr. Pdohr meet with members of the Association � to discuss the matter. Mr, ll4endelson said that other towers in the area carry stronger signals and it was his opinion that not all the interference with television reception would be eliminated if the Advanced Elec- tronics installation was removed. Mr. bsendelson aslced to be notified of all meetings and discussion in connection with the installation. Mr. Kinley asked Mr. Mohr why dishes are proposed for the towers instead of antennas. Mr. Mohr said dishes are antennas of a different configuration. Mrs. Beth King said that in addit�on to her concern about safety she objects to the commercial activity within the City limits. Mrs . King said that to date 130 persons have signed a petition requesting that the installation be removed, and she submitted a copy for the file. h7rs. King also circulated pictures of her patio showing the shadow cast by the dishes on the towers , and said she objects on the basis of the effect of the installation on her property. Councilwoman Swanson asked that all residents within 500 feet of the installation be notified that the matter will be on the next City Council agenda, in addition to the agenda sent to all residents. Mayor Heinsheimer asked the Clerk to call the roll on the motion to postpone the approval of the "as built" plans to give the City Attorney an opportunity to explore the legal issues and advise the Council. The motion carried on the following roll call vote : AYES : Councilmembers Pernell , Rose, Swanson , Mayor Heinsheimer NOES: None ABSENT: Councilman Crocker HEARING ON APPEAL, ZONING CASE NO. 260, JOSEPH P. LADEA4AN 285 3/2 Mayor Heinsheimer re-opened the hearing on the appe�l of Dr. � and Mrs. Roberto Unguez on the approval by the Planning Commission of an application filed by Mr. and b4rs. Joseph Lademan . for front and rear yard variances, with the City Council sitting as the Board of Adjustment Appeal. Mrs. Unguez advised the Council that they had contacted Mr. Lockwood in the matter , and were not aware that he was also working for the Lademans. Mrs. Unguez said Mr. Lockwood told them that he had results of soils tests which indicated that construction equip- ment using a road across their property to reach the Lademan property would not damage their residence, and they asked that he give his opinion in writing, but have not received it . It was their under- standing the Mr. Lockwood would be at the meeting. b2r, Lademan said that at the Planning Commission he agreed to - restore the road after construction , and it was his understanding that Dr. and PJIrs. Unguez were to submit pictures of the road taken before construci;ion begins: Mayor Heinsheimer said the agreement between Dr. and Mrs. Unguez and Mr. and b7rs. Lademan for repair of the road should be reviewed by Mr. Kinley. P�Irs. Unguez said they use only a small portion of the driveway to reach their garage, and her main concern is the rest of the drive. Mr. Lademan said that is approximately 900 feet . Mr. Harry Prodromides , 50 Saddleback Road, said he uses the driveway infrequently, and he suggested that use of the entire driveway should be given to Mr. Lademan, with the understanding that he be responsible for maintenance . Councilman Rose said any arrangements for joint use and maintenance of the driveway should be between the owner of the property and the others who use it , and since the driveway is a dedicated easement sole use by one owner should be discussed by the parties involved. -8- . 46� January 12 , 1981 1 Councilman Rose moved that the Council reaffirm the action of the Planning Commission approving. front and rear yard variances on Lot 9-2-RH, Joseph Lademan, 52 Saddleback Road. The motion was seconded by Councilwoman Swanson and carried by tne following roll call vote : AYES : Councilmembers Pernell , Rose , Swanson , Mayor Heinsheimer NOES : None � ABSENT:. Councilman Crocker Mr. Lademan was advised that he could proceed with obtaining a building permit . DIAL-A-RIDE 420 , - The matter was held on the agenda for a report by Councilwoman. Swanson at .tY�e next meeting. CO . SOUTH COAST AIR QUALITY rdANAGEn4ENT DISTRICT 420 � . � Copies of' a letter dated December 31 , I980 from the South Coast Q Air Ruality Pdanagement District were distributed by b4ayor Heinsheimer. Q The Executive Officex of the District advised that seven affected . a agencies have jointly developed draft legislation to improve air quality in �he South Coas� Air Basin by:.requiring annual vehicle inspections and ma'intenance program. A letter of support for the inspection and maintenance bill (SB-33) or adoption of a resolution was requested. , RESOLUTION NO.: 455 Councilman Rose moved that Resolution No. 455 entitTed A RESOLUTION O�' THE CITY COUNCIL OF THE CITY OF R,OLLING HILLS, . CALIFORNIA SUPPORTING THE PASSAGE OF SENATE BILL 33 VEHICLE INSPECTION AND MAINTENANCE be adopted, that reading in ful.l be waived, and that a certified copy of the Resolution be sent to the South Coast Air Quality Management District . The motion was seconded by Councilman Pernell and carried unanimously. EARTHQUAKE PREPAREDNESS DRILL 465 The .Manager advised. that the Los Angeles County Sheriff ' s Department will participate in a state-wide earthquake drill on February 9, 1981 and the City will be included .in the drill . . ' $EWER ASSESSMENT DISTRICT COSTS 474 . Mrs. Clifton advised the Council �that she has cost informatiori on a sewer assessment district for the Flying Triangle and other areas which was pr.ovided for T,owry and Associates, Consulting Civil Engineers and can provide the information when the Council wishes to consider it . as part of the Geology review. ROADjNORK, UPPER BLACKWATER CANYON ROAD 480 The Manager advised the Council that moneys collected for road improvements from the Meurer; Ishak and Greenhut subdivisions will not be sufficient for repair and improvement of Blackwater Canyon ftoad, including improvement of the Appaloosa Lane/Blackwater. Canyon Road intersection . Mrs . Clifton said she had advised the Association Manager of the need to allocate funds in the Association' s Budget for some portion of the repairs, and it is her understanding � that the allocation was not made. Councilman. Pernell asked the Manager to write a memo stating the need for funds for submittal to the liaison committee consisting of inembers of the Council and Board, and to include any matters which should be brought to their attention . -9- �s g January 12 , 1981 LAND USE SEMINAR 490 The City Attorney advised the Council that he wished to attend a Land Use Seminar in Newport on February 8 , 1981 and he asked ap- proval of an expenditure , oF. $45 for enrollment fee. The request was approved in a motion made by Councilwoman Swanson , seconded by Councilman Rose and carried unanimously. ADJOURNMENT 574 There being no .further business to come before the Council, the . Mayor adjourned the meeting at 11 P.D4. City e APPROVED: f Mayor -10-