6/28/1976MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS,CALIFORNIA
June 28, 1976
A regular meeting of the City Council was called to order by Mayor
Rose at 7:30 P.M. Monday, June 28, 1976 at the Administration Building,
2 -Portuguese Bend Road, Rolling Hills, California'.
ROLL CALL
PRESENT: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
ABSENT:
ALSO PRESENT:
APPROVAL OF MINUTES
Councilman Pernell, City Manager Teena Clifton
William Kinley
Douglas Rogers
June Cunningham
Mrs. G. Leeuwenburgh
William MacCabe
Roger Meurer
Dr. W. D. Basque
Dr. & Mrs. G. Bernstein
Mrs. Pixie Breitenstein
Robert Fortney
Mrs. Evelyn Hankins
Mrs. Suzanne Hines
Dr. Ronald La -Belle
Joe 011a
Mrs. Catherine Partridge
Forrest Riegel
Mrs. R. Rihaczek
Mr. & Mrs. Allan Roberts
Mrs. Emily Schleissner
Dr. & Mrs. R. Small
John Stern
Kenneth Watts
Dr. & Mrs. R. Witmer
5
City Attorney
City Treasurer
Secretary
League of Women Voters
Attorney
Engineer
Residents
A motion to approve and accept the minutes of the meeting of
June 14, 1976 as corrected was made by Councilman Crocker, seconded
by Councilman Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Pernell
TRAFFIC AND SPEED CONTROL ON EASTFIELD DRIVE 19
Councilman Crocker reported that Mrs. Clifton had advised hlm.
that she discussed with a representative of the Automobile Club a pro-
posed study of traffic safety on Eastfield Drive and, a portion' of "Crest
Road by the Automobile Club. Councilman Crocker said it was his under-
standing that interested residents could participate in the meeting
with Auto Club representatives, but he had not been advised of the date.
TREES ON CREST ROAD 21
Councilman Heinsheimer reported that Mrs. Joan Saffo is preparing
a report on which trees on Crest Road can be saved if a watering program
is developed. He said, also, that consideratioti is being given to using
a smaller augur than originally planned, since Councilwoman W. rison
expressed concern about possible hazard to horses if a 'large-)h6,�Ve were
dug and filled with mulch.
149
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June 28, 1976
RAPID TRANSIT DISTRICT 25
Councilwoman Swanson announced that a bus system on the Peninsula
was initiated on Sunday, June 27. Bus schedules are available at the
Administration Office, and.Councilwoman Swanson said schedules will be
sent to -residents after pr6perapprovals are obtained. The bus system
will be evaluated at the end'of three and six -months, although it will
take a year to fully determine whether it'has been successful.
Mayor Rose said that in the absence of objection, he would consider
approval of mailing schedules to all residents an administrative judg-
ment, and he suggested that Councilwoman Swanson discuss the matter with
the Manager.
FINANCIAL STATEMENTS 54
A motion to approve and accept the Financial Statements for the
month of May 1976 was made by Councilman Crocker, seconded by Council-
man Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES:
None
ABSENT: Councilman Pernell
PAYMENT OF BILLS 71
Councilman Crocker moved that Demands No. 5446 through 5470,'with
the exception of Demand No. 5464 which is void, be paid in the amount
of $12,347.89 from the General Fund. The motion was seconded by Coun-
cilman Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Pernell
ROLLING HILLS BICENTENNIAL CELEBRATION
::,
The City Attorney advised that although a letter has not been
received from the insurance carrier, he had been assured that full
insurance coverage will be in effect for the Bicentennial Celebration.
Councilman Crocker requested that Mr. Kinley contact Cal-Surance and
request that Western Brass and Mr. Walter Storm be included in the
coverage, and Mr. Kinley said he would do so. Mayor Rose ordered the
matter removed from the agenda.
FAIR POLITICAL PRACTICES COMMISSION
Mr. Kinley advised that the Conflict of Interest Code for City
Council members will not be required until October, and he asked that
the matter be held on the agenda. The Mayor so ordered.
ANIMAL CONTROL SERVICES 120
Mr. Kinley distributed copies of an Agreement for Animal Shelter
Services similar to one the County has entered into with the City of
Covina. The contract would not require the City to enact the County
Animal Control Ordinance, and would give the City the right to license;
only pound services would be provided, and additional services inclu-
ding removal of dead animals, would be provided on request as needed.
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June 28, 1976
Councilman Crocker moved that the Mayor be authorized to sign the
contract provided that after reviewing the document, members of the
Council phone their objections or comments, if any, to the City Attorney
prior to noon Friday, July 2, 1976. The motion was seconded by Council-
man Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Pernell
CONTRACT CITIES LIABILITY, MARSH & MC LENNAN 133
A letter dated June 16, 1976 from Marsh & McLennan was presented
to the Council. Mr. John T. Mulvihill advised that the City of Rolling
Hills has been included as a Named Insured on the Contract Cities
,, Liability insurance program which had been rearranged as of March 15,
,-:) 1976, but only as respects those liabilities assumed by the County
.,for services they provide.
The City Attorney advised that a group of contract cities are
attempting to develop their own insurance policies, and he recommended
that the Council refer the matter to the City Manager and request that
she review the matter and advise whether it would be feasible for
Rolling Hills to participate in the program. The Mayor so ordered.
TENTATIVE TRACT 30345, DR. J. GREENHUT 158
A letter from Meurer Engineering requesting a one year extension of
time in which to record Tract 30345, Dr. J. Greenhut, was presented to
the Council.
A motion to approve the request and grant a time extension of one
year was made by Councilman Heinsheimer, seconded by Councilman Crocker
and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Pernell
TENTATIVE TRACT 29543, ANDREW SHAW
165
A letter from Meurer Engineering requesting a one year extension
of time in which to record Tract 29543, Andrew Shaw, was presented to
the Council.
A motion to approve the request and grant a time extension of one
year was made by Councilman Heinsheimer, seconded by Councilman Crocker
and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Pernell
SOUTHERN CALIFORNIA GAS COMPANY, NOTICE OF PROPOSED RATE CHANGE 167
A notice of proposed rate change and public hearings on the matter
dated June 15, 197-6 was received and filed.
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152
OPEN AGENDA
KENNETH WATTS, 1 WRANGLER ROAD
June 28, 1976
171
Mr. Kenneth Watts, 1 Wrangler Road, appeared before the Council
and stated for the record that he supports the Planning Commission in
their recent decisions to deny requests for conditional use permits for
construction of tennis'courts which could not be built without such
permits, as they did not comply with requirements of the Zoning Ordinance.
Mr. Watts complimented the Council as elected officials in appointing the
Planning Commission and carrying out the wishes of the people who elected
them by supporting the Planning Commission in their decisions with regard
to tennis courts.
PIXIE BREITENSTEIN, 5 ACACIA ROAD 185
Mrs. Pixie Breitenstein, 5 Acacia Road, advised the Council that she
had been informed that the City is considering acquiring additional pro-
perty in the vicinity of the tennis courts for additional courts, and
she had been assured that the courts, if built, would be landscaped. Mrs.
Breitenstein said that she wished to speak for other neighbors on Acacia
Road as well as for herself, and she asked what could be done to prevent
construction of additional tennis courts. She said that the existing
courts infringe on the privacy of those residents and enjoyment of their
property, and she wished to oppose building additional courts, which would
be closer to her home.
The Council advised Mrs. Breitenstein that the City has no plans at
this time for such construction. Mayor Rose said a committee has been
formed to make recommendations about whether additional tennis courts
would be desireable. Mrs. Breitenstein said she has been approached
on the matter, and she wished to go on record as opposing additional
tennis courts in that area. Mayor Rose suggested that Mrs. Breitenstein
contact the Tennis Club and make her feelings known; further, he said
that if the matter is brought before the Planning Commission or City
Council by the committee, Mrs. Breitenstein should attend public hearings
which would be held in connection with their recommendations.
ASSEMBLY CALIFORNIA LEGISLATURE 237
Information on Senate Bill 174, the California Urban Open Space and
Recreation Program, provided by Assemblyman Robert Beverly's office, was
received and filed.
CITY OF ROSEMEAD - VACANCY ON RTD BOARD 253
In a letter dated June 18, 1976 Mayor Roberta Trujillo of Rosemead
advised that Councilman Marvin J. Cichy of that city has been nominated
to fill the vacancy on the RTD Board created by the resignation of Ms.
Adelina Gregory as representative of Corridor 'D' of the Board.
The letter was received and filed.
DR. W. D. BASQUE, 49 EASTFIELD DRIVE 254
Dr. W. D. Basque, 49 Eastfield Drive, advised that when the ease-
ment on Eastfield Drive was cleared to restore the trail he was advised
that the program would continue and other roadways would be cleared. He
asked the status of the program. Mayor Rose said that although no
definite commitments have been made, other roads are being considered
for similar projects. Councilman Crocker said an allocation of $1,000
remains unspent in the budget, and additional funds could be added to
cover such a project in another area of the City.
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June 28, 1976
APPEALS FROM DECISION OF PLANNING COMMISSION 265
Mayor Rose advised applicants who appealed the decision of the
Planning Commission in denying their requests for conditional use
permits for construction of tennis courts that Councilman Pernell had
been detained and would not be present at the meeting. He asked whe-
ther they wished to have their appeals postponed for consideration
by the full membership of the Council. Dr. Richard Witmer, 79 East-
field'.Drive and Dr. Gordon Bernstein, 1 Ringb.it Road West, advised
the Council that they wished to proceed with the matter without further
delay.
ZONING CASE NO. 149, DR. RICHARD WITMER, 79 EASTFIELD DRIVE 268
Dr. Witmer said that inasmuch as residents had appeared before
the Council under the open agenda portion of the meeting and had
,C registered their objections to construction of tennis courts, he wished
Y7 to request that those comments not be prejudicial to the decision by
the Council on the matter of his appeal before them.
Mayor Rose asked members of the Council to comment on the matter
following their field trip to the site.. Councilman Crocker said that
although Dr. Witmer owns a beautiful parcel of land, he is concerned
about the proliferation of tenniscourts, especially in front yards,
and he feels that tennis courts might be in conflict with the rural
atmosphere in Rolling Hills and the concept of open space. He urged
Dr. Witmer to develop his property in a manner which would preserve
the rural atmosphere, and consider using the existing public courts.
Councilman Crocker said he would not vote in favor of a conditional
use permit for the tennis court. Councilwoman Swanson said that
after viewing the site she was convinced that there -is sufficient room
for a tennis court on the property, which is in excess of three acres,
but a tennis court in the front yard would be visible from Eastfield
Drive. In view of unsatisfactory results from other variances granted
on Eastfield Drive for tennis courts in front yards, Councilwoman
Swanson said she could not consider the matter before the Council a
hardship, and it was her feeling that if the Witmers wish to build a
tennis court and have ,-sufficient room, it should be built in a legal
location, and she would be opposed to approving.a variance. Council-
man Heinsheimer said that he, too, would be opposed, but for a different
reason. Since the City Council has set policy and adopted ordinances to
preserve certain desireable aspects of development, and has appointed
the Planning Commission to execute its policies and aid in enforcing
the ordinance, Councilman Heinsheimer said the Council should uphold
the decision of the Planning Commission unless new information or proof
of error is presented to the Council. Mayor Rose agreed that it is the
policy of the Council to require orderly development of property, and
variances and conditional use permits are available in cases where it
may be considered necessary to deviate from such development. In this
case Mayor Rose said he considered it desireable to consider a variance
in order to preserve the view from :Crest Road East. He said that with
proper planting the court could be completely screened from Eastfield
Drive, and to build the house and court in locations prescribed by the
Zoning Ordinance would result in substantially greater expense to Dr.
Witmer, since geology problems would require extensive remedial work
before the house could be built, and the court behind the house would
be visible from Crest Road East. It was his recommendation that in
this case the decision of the Planning Commission be over -ruled.
Dr. Witmer advised the Council that he would be willing to accept
as a condition of approval specific requirements for landscaping if
given permission to build the court in the front yard, and further, he
assured the Council that provisions would be made for parking off the
road behind trees. He said it is his wish to preserve the vista toward
Crest Road as open pasture land, with his home and horses in that area
and the court in a less visible area in front.
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154
June 28, 1976
The City Attorney reminded the Council that it is not within their
jurisdiction to grant a request for a conditional use permit and attach
conditions as requested by Dr. Witmer; the matter before them requires
that they sustain or over -rule the Planning Commission in their decision
to deny the request made to them.
Following the discussion Councilman Crocker moved that the Council
sustain the findings and conclusion of the Planning Commission in deny-
ing the request for a conditional use permit for construction of a tennis
court in the front yard at 79 Eastfield Drive. The motion was seconded
by Councilman Heinsheimer and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
NOES: Mayor Rose
ABSENT: Councilman Pernell
ZONING CASE NO. 155, DR. GORDON BERNSTEIN, 1 RINGBIT ROAD WEST 371
Mr. William MacCabe, attorney for Dr. Bernstein, requested a new
hearing de novo on the matter of Dr. Bernstein's request for a conditional
use permit for construction of a tennis court which would exceed the 25%
limitation on total lot coverage of his property. Mr. MacCabe said that
pertinent information with regard to landscaping and fence had not been
submitted with the application, and the requirement for a stable area
should be clarified in order for the Council to make their decision.
Since sufficient facts were not submitted to the Plannint Commission, Mr.
MacCabe asked that the Council approve a hearing de novo or refer the
matter back to the Planning Commission for reconsideration with all facts
before them.
Mayor Rose explained that it is not within the jurisdiction of the
Council to refer the matter back to the Planning Commission, but they
must sit as a board of zoning adjustment, and consider the appeal of
the Planning Commission's decision.
Mr. MacCabe said that it is Dr. Bernstein's wish to submit a plan
showing the stable and an extension of a fence which would screen the
court and eliminate some of the sound which concerned some of the resi-
dents who apppeared at the Planning Commission hearing to oppose the re-
quest. Dr. Bernstein explained that the 200 square feet for a stable
site had been deducted from the calculations of total lot coverage sub-
mitted with his application, and it was his understanding that the
ordinance did not specify that the stable site must be shown on the
plot plan.
In the discussion that followed Councilman Crocker said he was
opposed to a de novo hearing unless it could be demonstrated that because
of circumstances which could not be anticipated, information which should
have been presented to the Planning Commission was omitted, and he wished
to follow the precedent established at the last meeting that the Council
act as an appeal board, rather than give the applicant an opportunity to
submit additional information that he didn't think of at the prsentation
to the Planning Commission. Councilwoman Swanson said she had read Dr.
Bernstein's letter dated June 7, 1976 very carefully, and she agreed
that no new evidence was being submitted, and she also was opposed to a
hearing de novo. Councilman Heinsheimer said that the question before
the Council is whether to uphold the decision of the Planning Commission
regarding a request for development of property which would exceed the
25% limitation imposed by Ordinance No. 137. Since the Planning Commis-
sion's decision that a conditional use permit which would result in 26.46%
development should be denied was being appealed to the Council, deliber-
ation should be limited to that matter, since the Council had passed the
ordinance after a vast amount of work by bohh the Planning Commission and
Im
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1. 5.5
June 28, 1976
the City Council, in an effort to control overdevelopment of properties.
He agreed that no new information had been submitted either by Dr. Bern-
stein in his letter or by Mr. MacCabe in his presentation, Further,
Councilman Heinsheimer said that if the tennis court were reduced in
size to comply with the 25% requirement, the legal problem of whether
it could be built would be eliminated, and the problem of a small tennis
court in a location which is objectionable to residents in the area
would remain, but would no longer be a legal problem for the City Council.
Since the Council adopted the 25% limitation after public hearings with
considerable input, Councilman Heinsheimer said it should be waived only
in rare cases, and he did not consider this a rare case, or one in which
new evidence was submitted, and he opposed a de novo hearing.
Mayor Rose said he had mixed feelings. He said the Council should
avoid acting as a second Planning Commission through the de novo process,
but it is important that residents have a full hearing at the Planning
Commission level, and he said they should have an opportunity to know
what should be submitted and what will be expected of them by the Plan-
ning Commission. The Mayor suggested that the applicant, as well as the
engineer, be fully advised when plans are submitted exactly what is needed
and if something is missing from the application, they be advised at that
time.
Following the discussion Councilman Crocker moved that the matter before
the Council be heard as an appeal, not a hearing de novo. The motion was
seconded by Councilwoman Swanson and carried by the following roll call
vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES- None
ABSENT- Councilman Pernell
Mayor Rose said he would be reluctant to vote on the matter without
making a field trip. Councilman Heinsheimer said it would not be appro-
priate for the Council to make a field trip without new and basic in-
formation, since the Planning Commission had not done so. The City
Attorney said there was no reference to a field trip in the minutes or
findings of the Planning Commission, which could indicate that no one
had requested a field trip.
Mr. MacCabe requested that the matter be continued, soathat it
could be reviewed by the full Council. Councilwoman Swanson said that
when Mayor Rose asked whether they wished to wait for the full Council,
Dr. Bernstein said he wished to proceed before the members present.
Councilman Crocker said that because of impending vacations and budget
hearings, it is doubtful that a full Council will be in attendance be-
fore the second meeting in August, and Mr. MacCabe said he and Dr.
Bernstein agreed that they would be willing to wait until that time
for a vote of the full Council.
A motion to continue the matte
man Crocker, seconded by Councilman
the following roll call vote:
AYES: Mayor Rose
r as requested was made by Council-
Heinsheimer and failed to carry on
NOES- Councilmembers Crocker, Heinsheimer, Swanson
ABSENT- Councilman Pernell
The Mayor ordered that the hearing proceed. Councilman Crocker
noted that of the residents who appeared before the Planning Commission,
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June 28, 1976
the following were also present at the Council meeting: Dr. and Mrs.
Richard Small, Mr. and Mrs. Allan Roberts, Dr. Ronald La Belle.
In his presentation to the Council Mr. MacCabe said he wished to
comment on ambiguities in Ordinance -137, which requires that construction
including tennis courts and swimming pools not cover more than 25% of
the net lot area, and that in addition other improvements including decks
and concrete paving shall not cover more than 50% of the net lot area.
Since the deck around pools is part of the larger exclusion, Mr. MacCabe
said the paved area around the actual playing area of the court should
also be included in that portion of the ordinance. To eliminate the
concrete paved area around the proposed tennis court would eliminate
4200 sure feet from the calculation submitted in the 25% coverage.
Further, Mr. MacCabe said the applicant could cut corners from the
tennis court and attempt to meet the requirements set forth in the ordi-
nance. Mayor Rose explained that the deliberation b� the Council is
for the purpose of sustaining or reversing the decision of the Planning
Commission, and they could not consider an alternate plan which had not
been submitted or proposed to the Planning Commission. ]fir. Roger Meurer,
engineer for Dr. Bernstein, was asked whether such an alternate plan
had,been proposed at the Planning Commission hearing and Mr. Meurer said
it had not. Mayor Rose said an alternative plan could not be considered
by the Council.
Mr. MacCabe said the rights of the applicant should be considered,
and he asked that the Planning Commission and Council not be .controlled
by verbal protests from the audience. He stated that if voices of the
constituents were to be considered, input from a larger proportion of
residents should be sought.
Mayor Rose asked Mr. Meurer whether a stable could be located in a
legal location on the property. Mr. Meurer said there is a ten foot
easement along the northerly boundary, a ten foot easement along the
westerly boundary and road easements along the easterly and southerly
boundaries, and a stable could be located on the property.
Councilman Crocker moved that the hearing be closed. The motion
was seconded by Councilwoman Swanson, and the Mayor so ordered.
In discussing the matter, Councilman Heinsheimer said he did not
consider Ordinance No. 137 ambiguous, and he read the ordinance aloud.
Further, Councilman Heinsheimer said that including the paved area in
the 25% computation was not a determination made by the Planning
Commission; in submitting a request for a conditional use permit for
construction of a tennis court, the applicant had included the paved
area surrounding the court in the computation submitted with the ap-
plication. Although the figures submitted were questioned at the
Planning Commission level, Councilman Heinsheimer said he was willing
to accept the figures submitted by Mr. Meurer. With regard to the
rights of the applicant, Councilman Heinsheimer said it is the right
of the applicant to abide by the ordinances of the City, or to request
a variance or conditional use permit where ever he sees fit, but there
is no basic right of the applicant to have a request for such variance
granted. Replying to the comment that the Council should not be con-
trolled by verbal protest, Councilman Heinsheimer said there is a
difference between the "Town Meeting" procedure and conduct of the
Rolling Hills City Council meeting. The Council does attempt to get
all the input available, both sides of the question are considered and
taken seriously, but the Council is not controlled by either side.
Councilman Crocker said concerned residents have signed a petition
and appeared at both the Planning Commission and City Council meetings
to express their objections to a tennis court which would be inconsis-
tent with the rural nature of their residential area because of the
noise which would result. Failure to include the 200 square foot area
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June 28, 1976
for a stable in a legal location was a fatal error, Councilman Crocker
said, and he could not vote on a plan which does not include the stable
area. The applicant should be certain all facts are submitted to the
Planning Commission, and should not expect to clean up the record by
meeting the requirements on appeal.
Councilwoman Swanson said she agreed with comments made by Council-
men Crocker and Heinsheimer, and it was her feeling that to override the
decision of the Planning Commission would create an irrevocable situation.
Further, Councilwoman Swanson said such action by the City Council would
not be a "rubber stamping" of the Planning Commission's decision, be-
cause all evidence indicates that their decision was made after due
consideration of facts presented to them.
Mayor Rose said he considers the 1.46% by which the limitation
prescribed by ordinance would be exceeded is not significant, but it is
X necessary for the matter to be brought before the Planning Commission
because of non-compliance with the limitation imposed by the ordinance,
and ultimately to the City Council. Feelings of residents adjacent to
the property must be considered, although they are not conclusive; he
said equal weight must be given to the property owner and his wish to
enjoy his property, if it is consistent with the development of Rolling
Hills as outlined in ordinances and policies. The Mayor said that suf-
ficient facts had not been presented to convince him that he should
vote to reverse the decision of the Planning Commission.
Councilman Heinsheimer said that there has beensubstantial dis-
cussion about whether. the stable area should be shown on the plan; he
asked the City Attorney to comment on the requirement. Mr. Kinley
said that although the ordinance requires that space for a stable be
provided, it does not specify that the stable be shown on the plans.
Councilman Crocker said that the ordinance specifies "stables, or an
area of not less than 200 square feet for the construction of a stable
(with vehicle access thereto)", and since access is required, he thought
it should be shown on plans submitted. With regard to paved area around
the tennis court, Councilman Crocker said a swimming pool can be built
with coping, or with grass surrounding it, and does not require a deck,
but the paved area outside of the white lines on the tennis court is
part of the court.
Mayor Rose announced that findings of the City Council, sitting
as an appeals board, were final and conclusive. The City Attorney
said the applicant could re -apply to the Planning Commission, submit-
ting new plans. Councilman Heinsheimer said that if new plans were
drawn whish totaled less than 25% development of the net area, no
variance would be required, and the City Attorney confirmed that the
tennis court could be built without further consideration bpi the Plan-
ning Commission if less than 25% of the total net lot area were devel-
oped, provided that it complied with the ordinances of the City.
Following the discussion Councilman Heinsheimer moved that Dr.
Bernstein's appeal be denied, and the decision of the Planning Com-
mission sustained.- The motion was seconded by Councilman Crocker
and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES: None
ABSENT: Councilman Pernell
RECESS
The meeting was recessed at 10:15 P.M. and reconvened at 10:25 P.M.
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June 28, 1976
PROPOSED ORDINANCE,.REVIEW OF TENNIS COURT CONSTRUCTION REQUESTS 850
Councilman Crocker said he wished to propose a procedure by which
the Planning Commission would be required to revaew all requests for
construction of tennis courts on private property from the standpoint.
of esthetics and the impact on residents in the area.
Councilman Heinsheimer said that Ordinance 137 is sufficiently
restrictive, and he wished to wait for one year to give the Council
ample time to evaluate the ordinance to determine how effective it is
in controlling development. Councilwoman Swanson said she agrees with
Councilman Crocker. Price of property in Rolling Hills is so high,
owners want to develop their properties fully to appreciate full value
and enjoyment, and are inclined to over -develop, she said. Councilwoman
Swanson said she would like to retain the rural atmosphere in Rolling,
Hills without over -legislation, but development should be controlled,
and variances from ordinances should not be granted if they would re-
sult in over -development.
Mayor Rose said he agrees with the general intent of controlling
development, especially with regard to tennis courts. However, he said.
a tennis court can be developed in a manner which would not be offensive
to neighbors, and have many positive aspects, particularly the juvenile
diversion provided by youth tennis activities. Mayor Rose said there
are instances where a tennis court would not result in more than 25%
total development, but would be offensive because of view obstruction.
He said it is necessary to find the middle ground.
Mr. Forrest Riegel, Planning Commission Chairman, said some com-
munities have solved the problem of view obstruction by requiring that
tennis courts be sunken. Mr. Kinley said that in considering plans
for tennis courts the rights of the property owners as well as the
ecological balance must be considered. He said construction of tennis
courts should be controlled, but not prohibited. Councilman Crocker
said -he would be willing to work with the City Attorney on drafting
a proposed ordinance regarding tennis courts on private property.
REAL ESTATE TRANSFER TAX 1090
Mr. Kinley distributed copies of a proposed ordinance imposing a
tax upon the transfer of real property. The City Attorney said the
ordinance is similar to one adopted by the City of Long Beach, but
which has not been enacted because of adverse public reaction. Mr.
Kinley said he called the Tax Collector in Los Angeles to inquire
about the procedure for collecting such a tax for the City, and was
advised that at the present time the County Tax Collector is not
collecting a real estate transfer tax for any city; if such a tax,,is
in effect it is being collected by the city involved. Further, Senate
Bill 1375, pending in the legislature, has a formula for re -setting
the tax structure for the entire state, and part of the bill is a
transfer tax. If passed, the bill would be a statute designated by
the State to be pre-emptive, and would eliminate anything enacted
by the City. That tax would be upon the land, not the improvements
Mr. Kinley said; Hd is attempting to obtain a copy of the bill and
a report on its status, and will repot to the Council as soon as
information is available, but he recommended that the Council not
count on any revenue to be collected in this manner for budgetary
purposes. Further, Mr. Kinley said the only tax liens which can be
placed on properties are those which were set up by charter or general
law, so the transfer tax would be a debt, payable by either the buyer
or seller. Mr. Kinley said he thought the City could contract with
the County Recorder's Office to collect the tax when properties are
transferred, if Rolling Hills does adopt a transfer tax. Councilman
Uracker said another approach would be to require a transfer of member-
ship'in the Rolling Hills Community Association when property is trans-
ferred. Councilman Heinsheimer said it is obvious from information
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June 28, -1976
presented by the City Attorney that it will not be possible to implement
the transfer tax this fiscal year, and the budget for 1976/77 should be
based only on property tax.
Councilman Crocker moved that the Council reconsider adopting an
ordinance imposing a tax upon the transfer of real property. The motion
was seconded by Councilman Heinsheimer andcarried by the following roll
call vote:
AYES- Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES- None
ABSENT- Councilman Pernell
Following discussion Councilman Crocker moved that the matter be
tabled based on the City Attorney's advice concerning lack of enforci-
rr bility,. without prejudice to further consideration of such a tax at
some future date; for the purpose of the 1976/77 Fiscal Year Budget
'-Z the matter would riot be considered further at this time. The motion
was seconded by Councilman Heinsheimer and carried by the following
roll call vote-
AYES- Councilmembers Crocker, Heinsheimer, Swanson
Mayor Rose
NOES- None
ABSENT- Councilman Pernell
BURGLARY APPREHENSION TEAM PRESENTATION 1182
-- Cities
Councilwoman Swanson reported that at a recent South Bay/Associ-
ation meeting she heard a presentation by a member of the Burglary
Apprehension Team,. which the Council has voted to support, and she
thought it would beof. interest to have a similar presentation to
the City Council.
Councilman Heinsheimer said the presentation could be made to the
community at La Cresta School, since a presentation by Captain Foreman
of the Lomita Sheriff's Station was successful when presented in that
way, rather than at a regular Council meeting. Councilwoman Swanson
was requested to make the necessary arrangements, and report to the
Council.
PALOS VERDES DRIVE NORTH WIDENING 1205
Councilwoman Swanson said the City of Rolling Hills Estates has
appointed a committee chaired by Councilman Art Greenburg and consist-
ing of residents on Palos Verdes Drive North to study the matter of
the proposed widening of Palos Verdes Drive North. Councilwoman
Swanson said she told Councilman Jerry Belsky of Rolling Hills Estates
that the Rolling Hills City Council would like to know about the date
of the meetings so they could participate, and he said the next meeting
is scheduled to be held in about two weeks, and the City will be noti-
fied. Councilman Crocker said he would like to attend the meetings,.
since approximately 2/5 of the project will be along the northerly
boundary of Rolling Hills, and the City will be directly affected.
If placed on the November ballot, Councilwoman Swanson said the pro-
posal would be for a four lane road with an improved bicycle route
and improved horse trails.
TRAFFIC BUMP STUDY IN SAN JOSE
1244
Councilman Crocker said he had read an article about a study of
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June 28, 1976
speed bumps condurcted_ by the City 'of San Jose, California, and he
requested that a copy of the final report "A Study of Speed Bumps"
be ordered. Further,. he asked that a copy of the article he referred
to be distributed to other members of the Council, and a copy sent to
Mr. Phil Battaglia.
ABSENCE FROM COUNCIL MEETINGS
Mr. Kinley said he would be absent from the second meeting in July.
Mayor Rose said he would miss both meetings in July, and Councilman
Crocker said he would be absent from the first meeting in August.
ADJOURNMENT 1256
There being no further business to come before the meeting, the
Mayor recessed the meeting to a personnel session at 11:15 P.M. The
meeting was reconvened at 11:40 P.M. and adjourned at 11:45 P.M.
APPROVED:
L Mayor -
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P.
Cityy