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8/2/1976MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS August 2, 1976 A special meeting of the City Council was called to order by Mayor Rose at 7:30 P.M. Monday, August 2, 1976 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California.. ROLL CALL. PRESENT: Councilmembers Crocker, Pernell, Swanson Mayor Rose ABSENT: Councilman Heinsheimer ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney Dr. Gordon Bernstein Residents Dan Burke Mike Burke Mrs. G. Leeuwenburgh Mr. & Mrs. E. L. Pearson Forrest Riegel Robert Schmitt APPROVAL OF MINUTES A motion to approve and accept the minutes of the meeting,of June 23,.1976 as amended was made by Councilman Crocker, seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson Mayor Rose NOES: None ABSENT: Councilman Heinsheimer A motion to approve and accept the minutes of the meeting of. July 12, 1976 as amended was made by Councilman Crocker, seconded by Councilwoman Swanson and carried by the following,roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: None ABSENT: Councilman Heinsheimer ABSTAINED:' Mayor Rose FINANCIAL REPORT, COMMUNITY BICENTENNIAL PICNIC 30 Dr. Larry Kelly, 2 Pinto Road, submitted the financial report for the Community Bicentennial Picnic on July 4, 1976, and advised the Council that the approximate cost of the activity was $1,.900. Of that amount, approximately $900 was considered "communal" expense, and in- cluded tents, toilet facilities, entertainment, etc., totaling.$9.88.42, paid with funds advanced from the Caballeros treasury, and reimbursed equally by the Womens' Community Club, Tennis Club and'Caballeros. In addition the Womens' Club provided the food, and other refreshments were provided by the Tennis Club and Caballeros. Dr. Kellv reported there is still a deficit in the.Caballeros treasury of $519.61, and he requested that the commitment of funds not to exceed $500 approved by the Council be paid to Caballeros, so their treasury could be reimbursed.- August 2,-1976 Mayor Rose said his recollection of the commitment by the Council was $500 "seed money", to be reimbursed after the event if sufficient money was made to do so; if not, the amount would be written off as a loss. Dr. Kelly said that after all expenditures were paid, the Womens' Club made $265, the Tennis Club made $230, and Caballeros made $4.00. Councilman Crocker said it was not his understanding that the Council would be expected to reimburse Caballeros $500 for funds advanced from their treasury, while the Tennis Club and Womens' Club made a profit, and he said it was a matter of distribution of funds, rather than a deficit for Caballeros and profit for the other organizations, since it was a community event. Dr. Kelly said the Tennis Club and Womens' Community Club feel that their profit will be returned to the community through other chan- nels. Further, he said the event was well attended, and many partici- pants have suggested that it should be an annual event. Dr. Kelly said Caballeros cannot :afford to sponsor the event from their funds. Council- man Crocker said he could not ,justify expenditure of $500 by the City while two clubs which participated realized a combined profit equal to the City's contribution, and he suggested that if in the future the event is repeated, the City contribute "seed money" to be reimbursed from the total profit. Mayor Rose said a contribution of $500 at this time, in view of the profits realized by the Womens' Club and Tennis Club, would be an improper gift of City funds. Dr. Kelly said he would ask the other clubs to reimburse Caballeros for the money advanced. MEURER ENGINEERING, TRACT 32256 145 In a letter dated July 13, 1976 Mr. Clarke Kugler, Meurer Engin- eering, requested an additional year in which to record the final map for Tract 32256, Meurer/Heist. A motion to approve the request was made by Councilman Crocker, seconded by Councilman Pernell and carried by the following roll call vote- AYES- Councilmembers Crocker, Pernell, Swanson Mayor Rose NOES: None ABSENT- Councilman Heinsheimer CABALLEROS LETTER RE- EQUESTRIAN CROSSINGS 154 A letter dated June 15, 1976 requesting equestrian crossing signs at 4 Crest Road East, 5 Caballeros Road and 6 Georgeff Road was presented to the Council. Mayor Rose recommended that the matter be referred to the Plan- ning Commission. Councilman Pernell said that although the City codes do not permit commercial signs, there is no limitation on the number of private signs permitted, and as traffic advisory signs, private residence signs, bus stop signs and road markings indicating traffic markings and equestrian crossings increase, he wished to request that the Planning Commission review the matter of signs in the City. Councilwoman Swanson said the request by caballeros is a matter of safety, and an equestrian crossing is also needed on Chuckwagon where there is a blind carve. Councilman Pernell said the Planning Commission, as an advisory body of the Council, should review the matter and make recommendations to the Council. -2- August 2, 1976 Forrest Riegel, Chairman of the Planning Commission, said the study of school bus stops and pedestrian crossings had been referred to the Planning Commission for review and recommendation, and the Planning -Commission would, if requested, review the matter of eques- trian crossings. Councilman Pernell said that Mr. Riegel is also Trails Chairman for Caballeros, and would have valuable input for the study. The Mayor ordered that the matter be referred to the Planning Commission. Councilwoman Swanson asked Mr. Riegel to include Chuckwagon Road, where the Willow Springs Trail goes through, and Mr. z Riegel agreed to do so. ORDINANCE NO. 112 185 Mayor Rose reported that two letters regarding Ordinance No.. 112 were received by the Council. In a letter dated July 20, 1976 Jack Davidson, President of the Board of Directors of the Rolling Hills Community Association stated that it is the Board's understanding that the ordinance was passed for a specific reason at a particular time pertaining primarily to commercial property, and it is the Board's unanimous opinion that property.owners should not be routinely subjec- ted to an additional procedure for a Conditional Use Permit for proper- ty improvement. A letter dated July 28, 1976 from Forrest Riegel, Chairman of the Planning Commission, advised that at a special meeting on July 27 the Planning Commission suggested that the City Council consider imposing a six-month moratorium by urgency ordinance on tennis court construction, effective August 15, 1976, and that if possible, swimming pools and riding rings as accessory uses for single family residences should be removed from Conditional Use Permit consideration. Chairman Riegel advised the Council that if they do not wish to rescind the ordinance immediately, the Planning Commission recommends a moratorium, as they have no grounds on which to, grant or deny the request for a conditional use permit, and need guidelines. The City Attorney reported that he had discussed the ordinance with residents who were members of the Council when the ordinance was passed, and they had stated that to the best of their knowledge, their intent was to enact only the last portion of Section 1, Paragraph 3 (d) "Organized clubs to carry. out the above recreational uses, provided that said club facilities :are located more than 150 feet from any residence in an RA-S,zone", which would cover the tennis club which operates the City's tennis court. It was not the intent of the Council that every tennis court, riding ring and swimming pool in the City would require a conditional use permit. Further, Mr. Kinley said that imposing a moratorium on construction of tennis courts as :requested_: by the Planning Commission could be considered discrimination against certain property owners. Mayor Rose said if the intent of the ordinance was not to affect private recreational facilities, he would be in favor of amending the ordinance to exclude them. Councilman Crocker said there is no ambiguity of intent as the ordinance is written,. as it is clearly stated that a conditional use permit is required for specific uses. Further, Councilman Crocker said he would make every effort to keep the ordinance in effect, since he considers tennis courts a perma- nent improvement, although interest in the sport can decrease. He cited the popularity of tennis during the 20's, and the fact that for a period of some twenty years people lost interest in the sport, and tennis courts fell into disuse and disrepair. Councilman Crocker said the same thing could happen again, in spite of the current popularity of tennis. He stated that he will attempt to keep the ocean side of Rolling Hills, south of Crest Road, completely free of tennis courts, and said further that the approval of tennis courts in other parts of the City should be slowed down, with the Planning Commission looking very carefully at every application for a conditional use permit as required by Ordinance No. 112. With regard to swimming pools, Councilman Crocker said they do not de- tract from the rural character of Rolling Hills, and could be an advan- -3- August 2, 1976 tage in emergencies such as.fire and earthquake. Riding rings, although not as permanent as tennis courts, since they are not paved and can be returned to a natural state, should also be looked into, he said, since they can generate dust and gathering of varying numbers of people, re- sulting in noise. Councilman,Pernell.said>he.is in favor of retaining the ordinance, not for;- the _purpose. of banning tennis courts, but to give residents an opportunity to comment on proposed improvements which might have an ad- verse impact on their properties, even though in a legal locations In the past, Councilman Pernell said, there has not been a procedure by which neighbors were advised of plans for recreational facilities, and many comments and complaints were received after the fact about increased traffic, noise and other undesireable effects which were not considered in the process of approving the plan and issuing a building permit. Enacting Ordinance No. 112 would provide that all residents who could be affected would be advised. Councilwoman Swanson agreed that a public hearing on all such improvements would be desireable, since many of the tennis courts built without requiring a hearing are eyesores, and de- tract from the character of the community. In view of two subdivisions which will soon be developed, Councilwoman Swanson said land use is extremely important, and in spite of large parcels of land, it would be undesireable to have a string of tennis courts built along the hillside. Mayor Rose said he is of the opinion that all property owners have the right to develop and enjoy their property to the extent that it does not infringe on the rights of his neighbors. With regard to restricting and prohibiting construction of_tennis courts on the south side of Crest Road West. the Mayor said he was not sure that the wish for an unobstruc- ted view by someone 500 feet from the property would constitute infringe- ment on the right of that neighbor. Further,if a tennis court can be built in an unoffensive manner, it can provide other recreational uses besides tennis, which Mayor Rose cited as an extremely valuable past - time for people of all ages. The Mayor asked for a status report on all recreational facilities constructed without conditional use permits since Ordinance No. 112 was passed on November 13, 1972° The Manager explained that all staff work has been completed, and notices would be published and residents notified so the construction can be approved and validated retroactively, if that is the Council's wish. ,Councilman Pernell said the Council should take the necessary steps to rectify the situation with regard to existing construction built since adoption of the ordinance. Councilman Crocker said he had discussed the matter with Councilman Heinsheimer, and Coun- cilman Heinsheimer indicated he thought the ordinance should remain in effect for at least another six months so the Council could evaluate the administration of the ordinance by the Planning Commission before deciding whether or to what extent the ordinance should be modified, with no ex- ception of swimming pools or riding rings, Councilman Crocker said his inclination would be to exclude swimming pools. Mayor Rose said it is his opinion that the entire ordinance should be voided, except as it pertains to organized clubs. Councilman Pernell said he thinks the ordinance should stand as it is. Councilwoman Swanson said she agreed that the ordinance should be kept as it is for a number of months, until the Planning Commission has had several months to work with it, and until further notice from the Planning Commission, reporting on their activities under the ordinance. Steps necessary for an appearance before the Plan- ning Commission for a Conditional Use Permit, including the need to compute the total percentages of property developed, were reviewed by the Manager. Councilman Crocker suggested that a joint meeting of the City Coun- cil and Planning Commission be scheduled. Chairman Riegel agreed, and asked that it be scheduled in September, Dr. Gordon Bernstein, 1 Ringbit Road West, said he felt that -4- J I-. August 2,_1976 insufficient information was given to residents, since the agenda sent to all residents listed Ordinance No. 112 as an agenda item, with no explanation of what the ordinance was, or why it was on the agenda. He asked that residents be sent more information and be given an opportunity to be present at discussions of the ordinance by the Council. He asked, further, that the ordinance be enforced undiscriminatingly, rather than selectively, representing the community at large, rather than certain groups and interests. Dr. Bernstein requested that the question be put to the people, and Councilman Crocker said he would be willing to handle the matter in that way. Edward L. Pearson, 1 Johns Canyon Road, advised that he was a for- mer Councilman and was Mayor of the City when Ordinance No. 112 was adopted. The intent of the ordinance when it was adopted, and as sup- ported by statements of Council members who were contacted within the past few weeks, Mr. Pearson said, was to give to the City, rather than deprive the residents of any rights. Through the ordinance the resi- dents were given an opportunity to have something to say before the tennis courts were built, and the action was taken in connection with recreation studies which had taken place. To enforce it on a private basis takes from the people, and reverses the intent of the ordinance, Mr. Pearson said. He asked that the Council revise the wording of -the ordinance to conform to its original intent and eliminate any ambiguity of intent or application. If the Council wishes to limit building of tennis courts, Mr. Pearson said new ordinances which specifically re- quire a public hearing should be adopted. Further, Mr. Pearson said he had recently attended a meeting of the Planning Commission, and each case was considered thoroughly and conditions required before approval was given. To use an ordinance which was adopted for the residents against the residents would be a mistake, he said, and the property rights of people are sufficiently important to require a public hearing. Councilman Pernell said he would like the Council to have a public hearing on the existing ordinance, and request public input. The Manager said many residents are currently considering or planning to build tennis courts, and she urged that the Council not delay. Mayor Rose set Monday, September 20, 1976 for a Special Meeting of the Council at La Cresta School for a Public Hearing on Ordinance No. 112, and he asked that a special newsletter be put out, advising all residents that not only tennis courts, but all other uses named in the ordinance (parks, playgrounds, golf courses, swimming pools, tennis courts, polo fields, horseback riding rings, baseball fields, archery ranges) and also soccer fields, would be considered. The Manager asked how to handle cases presented before the date of the public hearing, and the Mayor said that the ordinance is presently in force, and will remain in effect until the Council acts on it. The City Attorney said the public would be better informed if they were provided with the 6xistIng ordinance, so they could respond to it. Councilman Crocker asked that a map of the City be prepared and marked in red to show the existing courts, and in green to show proposed courts, so the coverall.'_ picture could be seen and the impact studied. Mr. Michael Burke advised the Council that he is in the process of purchasing a lot with the full intention of building a tennis court, F and said he would not proceed with the purchase if a tennis court could not be built, since the property is on the south side of Crest Road. ROLLING HILLS TENNIS CLUB A letter from the Rolling Hills Tennis Club expressing congratu- lations on the success of the Community Picnic on July 4, and suggesting that it become an annual event, was received and filed. -5- August 2, 1976 BUDGET, FISCAL 1976-77 Councilman Crocker reported that Mr. Lorenzo Do Courtright, 42 Eastfield Drive, had agreed to accept the position of City Treasurer, vacated by Mr. Douglas Rogers, who is moving out of the State. Mr. Courtright is a senior partner in Ernst and Ernst, and will meet with the Budget Committee on Friday, August 6. Councilman Crocker also asked that $500 be included in the 1976-77 Fiscal Year Budget for community activities such as a community picnic next year. The budget was held on the agenda until after the meeting of the Budget Committee. LEAGUE OF CALIFORNIA CITIES 805 The Manager reported that information regarding the League of California Cities Annual Conference in San Diego October 17 to 20 has been sent to all members of the Council. Councilwoman Swanson, the City Attorney and the City Manager said they plan to attend, and the Mayor said that since there is money in the budget for the con- ference, approval is not needed. PUBLIC UTILITIES COMMISSION DECISION NO. 86087 820 Mrs. Clifton reported that the decision on the Public Utilities Commission's decision on their investigation into the determination of a lifeline volume of gas and a lifeline quantity of electricity was sent to Councilman Heinsheimer for review and comment. The matter was held on the agenda. PAYMENT OF BILLS 850 Councilman Crocker moved that Demands No. 5499 through 5537 in the amount of $16,624051 be paid from the General Fund. The motion was seconded by Councilman Pernell and carried by the following roll call vote.- AYES.- ote° AYES.- Councilmembers Crocker, Pernell, Swanson Mayor Rose NOES.- None ABSENT.- Councilman Heinsheimer TRAFFIC AND SPEED CONTROL ON EASTFIELD DRIVE 880 Councilman Crocker asked that a meeting be set up with represent- atives of the Automobile Club and residents who are interested in the matter of speed control and speed bumps present. The Manager said she would put the appropriate notice in the Newsletter. Councilman Pernell said the Automobile Club had offered to make the study at no cost to the City and he thought they should be used on a technical basis, rather than public relations. Mayor Rose said he thought it would be important for residents to have an opportunity to transmit their concern directly to the Automobile Club personnel. Councilman Crocker said public relations is a major function of the Auto Club, and he thought direct contact with the residents would be beneficial. TREES ON CREST ROAD 925 The Manager reported that all the trees on Crest Road have been watered, and the project will continue in an effort to keep them alive in spite of drought conditions. Other trees in the City have also been included in the watering project, Mrs. Clifton said. The Mayor suggested that residents on Crest Road be asked again to supplement August 2, 1976 the City's efforts to water the trees. Mayor Rose suggested that the eucalyptus trees on Portuguese Bend Road in the vicinity of Pine Tree Lane also be included in the watering programa Mrs. Clifton said those trees are diseased and the owner is aware of the condition. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT 950 Councilwoman Swanson distributed copies of letters and schedules to be sent to all residents showing the complete bus schedules on the Peninsula, and said that fares and park and ride facilities have also been included. The information was sent to the Daily Breeze and Palos Verdes Newspaper in an effort to get the public more interested in using the facility, she said. It is possible for students to get to Peninsula schools using RTD buses, Councilwoman Swanson said. Mayor Rose said the buses do not accommodate handicapped persons. The Mayor said a suit has been filed by a public interest law firm in Philadelphia against UMTA (Urban Mass Transit Authority) on behalf of handicapped persons and others who cannot use the buses presently in operation. Other..lawsuits are being prepared throughout the nation,' and the Mayor said the matter is expected to come toa head in the near future. TORRANCE AIRPORT 1030 Councilwoman Swanson reported that she had attended a meeting of a committee to study noise problems, and to consider input from pilots, residents and others, and it was an excellent work session. It was the general opinion that a noise monitoring system should be implemented., and that a noise ordinance should be established and enforced by local government, rather than FAA. RESOLUTION N0. 366 1072 Councilman Crocker moved that Resolution No. 366 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA ACCEPTING LOT 7 OF TRACT 29383, CITY OF ROLLING HILLS, CALIFORNIA 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 Crocker, Pernell, Swanson Mayor Rose NOES- None ABSENT- Councilman Heinsheimer ..The City Attorney advised the Council that statements of non - responsibility had been posted on the property until the matter of the cost of grading had been resolved with the engineer. Mrs.. Clifton reported that the engineer, Mr. Roger Meurer, had advised her that the $9,400 deposited by Mr. Clifton Hix would not be adequate for the grading; subsequently, after notices of non -responsibility were posted, Mr. Meurer again advised that the amount posted probably would be sufficient for the work, which might even cost less than estimated, RESOLUTION NOo 367 A motion to adopt Resolution No. 367 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING A MEMBER TO. THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, appointing Councilwoman Gordana Swanson to the City Selec- tion Committee, and to waive reading in full, was made by Mayor Rose, seconded by Councilman Crocker and carried by the following roll call vote- -7- August 2, 1976 AYES- Councilmembers Crocker, Pernell, Swanson Mayor Rose NOES- None ABSENT- Councilman Heinsheimer FAIR POLITICAL PRACTICES COMMISSION- CONFLICT OF INTEREST CODE 1200 The City Attorney reported that the Conflict of Interest Code is beim re -written for the third time, and if possible, he would attend a meeting in Sacramento on August 5 to consider the revised code. Under the new regulations the City Treasurer, as well as the Councilmen, would be required to file a Conflict of Interest Statement, Mr. Kinley said. Copies of the requirements will be sent to the Council by the City Attorney. COUNTY ENGINEER RESOLUTION, TRACT MAP & PARCEL MAP CHECKING AGREEMENT A one year agreement for tract map and parcel map checking by the County Engineer or certain of his deputies was presented to the Council. RESOLUTION N0. 368 1250 A motion to adopt Resolution No. 368 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING THE COUNTY ENGINEER OF THE COUNTY OF LOS ANGELES AS THE CITY ENGINEER, and to waive reading in full was made by Councilman Crocker, seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson Mayor Rose NOES- None ABSENT- Councilman Heinsheimer COUNTY OF LOS ANGELES BIENNIAL ENGINEERING REPORT 1250 The Biennial Engineering Report for 1974-76 presented by the Los Angeles County Engineer was received and filed. BUILDING AND SAFETY DIVISION 1270 The Manager reported that the Building and Safety Division of the Los. Angeles County Engineer hpa been asked to investigate con- struction violations, and the report would be presented to the Council at the next meeting. The Manager recommended that the County Engineer be asked to advise what Association Building Regulations cannot be enforced by the County at this time, so the Council can consider adopting additional ordinances, if necessary. SOUTH BAY BURGALRY TEAM 1350 The South Bay Burglary Team Monthly Activity Report for June 1976 was received and filed. OFFICE OF THE SHERIFF, SERVICE LEVELS, 1976-77 A breakdown of current service levels provided by theSheriff was provided to the Council for information. The correspondence was dis- cussed, and the Manager was requested to present a clarification of the statistics for the next meeting. August 2, 1976 LOS ANGELES COUNTY FIRE DEPARTMENT The Fire Department Activity Report for May 1976 was received and filed. DEPARTMENT OF ANIMAL CONTROL The Animal Control Department Activity Report for April 1, 1976 through June 30, 1976 was received and filed. LEAGUE OF WOMEN VOTERS' OBSERVER Mrs. Ginny Leeuwenburgh, observer for the League of Women Voters, requested that a package of Council information be provided the obser- ver prior to Council meetings. A report on Council meetings of the four cities is filed with the League Commitee, Mrs. Leeuwenburgh reported. The Council approved the request for a packet of material similar to that prepared for the press. MEDICAL INSURANCE The Manager presented a study of insurance costs prepared by Cal-Surance, showing that the present plan under Blue Cross for medical coverage and Phoenix Mutual for $3,000 life insurance, with a six month uarantee of rates is $47.32 per month, and combined medical and. 000 life insurance with a 17 month rate could be pro- vided by Aetna for $hR.30 per month, a difference of 98� per month per employee. Mrs. Clifton said a meeting with staff indicated that all participants were willing to change to Aetna, effective August 1, 1976. Councilman Pernell moved that the recommendation of the City Manager be accepted, and that the Council approve the change from Blue Cross/Phoenix Mutual to Aetna. The motion was seconded by Councilman Crocker and carried by the following roll call vote: AYES- Councilmen Crocker, Pernell, Mayor Rose NOES- None ABSENT- Councilman Heinsheimer ABSTAINED- Councilwoman Swanson Councilman Pernell requested that the Personnel Officer of the Council be asked to attend all personnel -related meetings, and that the new insurance plan be referred to Councilman Heinsheimer, person- nel officer of the Council. PROPOSED ORDINANCE The City Attorney distributed copies of a proposed ordinance regarding disturbing the peace, and advised that it was taken directly from the California Penal Code. The ordinance was held for discussion at the next meeting. ADJOURNMENT There being no further business to come before the Council, the Mayor adjourned the meeting to -the regular meeting date, August 9. City Clerk APPROVED- �J // -9-