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9/27/1976"�6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA September 27, 1976 A regular meeting of the City Council was called to order by Mayor Rose at 7030 P.M. Monday, September 13, 1976 at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT; Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose ABSENT: None ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney June Cunningham Secretary Ginny Leeuwenburgh League of Women Voters Roger Meurer Meurer Engineering Boy Scout Troop 955 Mrs. Goldman, Leader Harry Gelles Resident Tom Ghormley Resident WELCOME TO BOY SCOUTS Mayor Rose welcomed four members of Boy Scout Troup 955 who, with their leader Mrs. Goldman, were present to observe the meeting. APPROVAL OF MINUTES Councilman Crocker moved that the minutes of the meeting of September 13, 1976 be approved and accepted as corrected. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES; Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES: None ABSENT: None ABSTAINED: Mayor Rose CITY OF SANTA FE SPRINGS 28 In a letter dated September 13, 1976 Councilman William McCann of the City of Santa Fe Springs advised that he has been appointed to the Health Systems Agency Interim Governing Body for the Health Systems Agency for Los Angeles County, and he would represent elected officials. A summation of Public Law #93-641 was enclosed. TheCity Attorney was asked to review Public Law 93-641 and make recommendations to the Council. After reviewing the document, Mr. Kinley advised the Council that there will be five geographical areas in the Agency, defined by the five Supervisorial Districts of Los Angeles County, and sub -area Councils will be formed. The City Attorney recommended that the City Manager be directed to keep track of the development of the system, and the Mayor so.:ordered. ORDINANCE NO. 112, AMENDING ORDINANCE NO. 33 150 Mayor Rose opened a discussion of Ordinance No. 112 and the public hearing held to consider the ordinance. The City Attorney advised that 197 September 27, 1976 inasmuch as the ordinance was passed and is in effect, no action would be necessary to keep it effective; action by the Council would be neces- sary to rescind or amend the ordinance. Councilman Crocker said he wished to have the ordinance remain in effect, and he suggested that the Council consider amending Paragraph 3 to read "Non-commercial, (including residential) recreational uses", to eliminate further confusion about the intent of the ordinance and re- move any ambiguity. Councilwoman Swanson said she thought the ordinance should remain in effect, and would be agreeable to the change suggested by Councilman Crocker. Councilman Heinsheimer said he wished to have the ordinance remain in effect, and further, he said there could be no ambiguity if the ordinance were read through, as Section 3.01 clearly applies to the RA -S zone, and Section 4.01 applies to the C -L zone, and he suggested that no change be made. Councilman Heinsheimer said that in applying the ordinance, it should be used in case by case review, a� rather than being used to establish a policy for improvements such as tennis courts. Councilman Crocker asked whether it would be possible to adopt zoning which would prohibit building tennis courts in certain areas. Mr. Kinley said he wished time to research the matter, but would at this time discourage consideration of spot zoning. Councilman Pernell said the 25% limitation on development, imposed by ordinance, curtails building of tennis courts in the RAS -1 zone, and he said reasonable guidelines should be developed regarding construction of all tennis courts on private property. Councilman Pernell said he was -in -favor of keeping Ordinance No. 112 in effect. Mayor Rose said residents are concerned about property rights, and he has a problem when considering the right of a resident who wishes to develop his property, and the right of the resident who opposes the development. Councilman Crocker said that many residents indicate that they wish to retain the rural atmosphere, and it is one of the vital issues of any campaign for election to the City Council; proliferation of tennis courts would change the rural atmosphere to recreational, he said. Councilwoman Swanson said she had received many telephone calls from residents, and several who said they did not wish to stand and make a statement at a public meeting asked her to speak for them and advise the Council that they wished a control on construction of tennis courts. Councilman Pernell suggested that such residents be asked to write to the Council, since their opinions would then be on record without a public statement. Councilman Heinsheimer said there have been many suggestions to have a set of specifications developed for consideration with regard to a tennis court, specifically dealing with visibility, noise and traffic. Councilman Crocker suggested that the Planning Commission or a sub -committee of the Commission be asked to develop the specifications. Councilman Pernell said the Planning Commission has available to them the services of a professional Planning Advisor, contracted by the City with Los Angeles County Regional Planning, and he suggested that the comments of the Council be forwarded to the Planning Commission with a request that with the assistance of Mr. Richard Anderson, Plan- ning Advisor, they develop a set of specifications for construction of a tennis court, taking into consideration such matters as set -back, proximity to neighbors, visibility, parking, etc. Councilman Heinsheimer said specifications for tennis court con- struction could form the basis for amendments to the Zoning Ordinance. Councilman Pernell said that although the'discus§ion"has empha§izdd tennis courts, the Council should consider whether the specifications would apply to other recreational uses included in the ordinance. The -2- 98 September 27, 1976 City Attorney said the City Council and Planning Commission should avoid being limited by a set of guidelines, and he recommended that after receiving the specifications from the Planning Commission, the Council should consider amending the Zoning Ordinance which is subject to variance, and should cconsider each case individually. A large area of discretion should be observed by the City Council and Planning Com- mission, Mr. Kinley said, and members should avoid potential abuse of power. Mr. Harry Gelles asked whether Ordinance No. 112 would be needed if a set of standard specifications were adopted as amendments to the Zoning Ordinance. Tom Ghormley suggested that the Planning Commission attempt to develop a set of specifications for each individual property in Rolling Hills. Mr. Roger Meurer said he would oppose an ordinance which would delineate exactly what could be done on each property, and he would favor keeping Ordinance No. 112 in its present form. Following the discussion the Council agreed to ask the Planning Commission to develop a set of specifications and guidelines with the assistance of the Planning Advisor, to be presented to the Council by December 1, 1976, with a recommendation that they hold extra meetings if necessary to meet the date, and if unable to complete the assignment by December 1, they request a time extension to accomplish the project. The secretary was directed to send the appropriate excerpts from the minutes to members of the Planning Commission and Planning Advisor. Councilman Crocker said he wished the record to show the Council's wishes with regard to Ordinance No. 112, and he suggested that they act to clarify their intent by stating their wish to keep Ordinance No. 112 in effect, and indicate that residential recreational use should be included in the section pertaining to -non-commercial recreational use. Councilman Pernell suggested that the record state that the Council is attempting to develop guidelines for tennis court construction, and that in the interim Ordinance No. 112 would remain in effect, and would apply to all residential property. Councilman Crocker said nothing in the record should indicate that Ordinance No. 112 is being kept as a temporary measure, and he moved that Ordinance No. 112 remain in effect, and that this Council interpret non-commercial recreational uses to include residential. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: Councilman Heinsheimer, Mayor Rose ABSENT: None EASEMENT MARKERS 485 Excerpts from the minutes of the Planning Commission meeting on Tuesday, September 21, 1976, relating to the requirement for easement markers, were discussed by the Council. Councilman Heinsheimer noted that the Planning Commission had voted to retain the requirement that '4" x 4" easement markers, 54" high be placed in certain locations in subdivisions, and he said he wished to recommend that the Council go along with the Board of Direc- tors, and in line with wishes of the Council as demonstrated in previous discussion, specify that the easement markers be flush with the ground. Councilman Heinsheimer moved that easement markers be required only where specified, and that all markers installed be flush with the ground. The motion was seconded by Councilman Crocker and carried by the following roll call vote: -3- I C September 27, 1976 AYES: Councilmembers-._Crrocker, Heinsheimer, Pernell NOES: Councilwoman Swanson, Mayor Rose TENTATIVE TRACT 31437, WALTER STORM, JOHNS CANYON ROAD 494 Mayor Rose opened dis.cussion,of, Tentative Tract 31437, which had een referred -to the Planning Commission after discussion by the City a tCouncil at their meeting on September 13. Excerpts from the minutes of the Planning Commission meeting on September 21 were distributed. The Mayor noted that the Planning Commission had voted to reaffirm .approval of the tentative map with confirmation of the requirement for easement markers in certain easements, modification of street grades and approval of the road design required by the Subdivision Ordinance. He asked for a summary of the discussion of the tract by the Council at the last meeting, which he did not attend. Councilman Heinsheimer advised the Mayor that following discussion '—Oof road profiles submitted by Mr. Meurer, engineer for Mr. Storm, the °.Council was split 2/2 on which road design should be approved. Because �1-4the Planning,Commission had inadvertently omitted acting on road grade, although the item had been included in the legal notice of Public Hearing on the tract, the plan had been returned to the Commission for appropriate action. Councilman Crocker advised the Council that he had reviewed the Public Safety and Seismic Safety Elements of the General Plan for the City, and read into the record two sections pertaining to requirements for access. Mr. Kinley said it is his opinion that the Council is required to -approve the road design which conforms to requirements stated in the General Plan. Mr. Meurer distributed copies of a hydrology study he had prepared and advised that Case C road, consisting of 10' paving a 2' berm on each side would be adequate to handle the amount of water which would result from a 25 year storm. Mr. Kinley recommended that the study be made part of the subdivision file. Following discussion Councilman Crocker moved that a road with 24' of paved surface exclusive of berms be approved. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Swanson, Mayor Rose NOES: Councilmen Heinsheimer, Pernell ABSENT: None Mr. Meurer asked that the record show that the requirement ap- proved -by the Council specified 24' of paving with adequate berms fro drainage. Councilman Pernell said he failed to see the need for a 3.7' turning area at the cul de sac. Councilman Heinsheimer moved that the requirement for turning area be reduced to 32', which is compatible with safety requirements and the subdivision ordinance. The motion was seconded by Councilman Pernell and carried by the following roll call: AYES: Councilmembers Heinsheimer, Pernell, Swanson Mayor Rose NOES: Councilman Crocker ABSENT: None IX41 i 919 ' U September 27, 1976 In discussing trail easements, Councilwoman Swanson said she thought a trail should be graded on both sides of the road, and she thought a 6' wide trail would be adequate. Councilman Heinsheimer suggested that the full 10' trail be graded completely on one side of the road to provide access to the cul de sac. Councilwoman Swanson said she would be satisfied with one 10' wide easement, but would recommend reduction of the width to 6' if there was a trail on both sides of the road. Following the discussion Councilman Heinsheimer moved that a 10' graded easement for horse trail be required on the easterly up -hill side of the road. The motion was seconded by Coun- cilman Pernell and carried by the following roll call vote: AYES: Councilmen Crocker, Heinsheimer, Pernell NOES: Councilwoman Swanson, Mayor Rose ABSENT: None Mr. Meurer was asked to comment on the proposed grade of the road. Mr. Meurer said the steepest grade on the new road will be 20%; the grade will range from 3% to 20%, and will average 8%. Many roads' in Rolling Hills exceed 20% grade, Mr. Meurer said, and he cited Portu- guese Bend Road, both north and south of Crest Road, and Buggy Whip, which at one time had a section 38%, which has now been corrected to 20%. Mr. Meurer said few roads in Rolling Hills conform to the re- quirements of the Subdivision Ordinance with regard to road grade. Mr. Meurer presented an exhibit showing an 8% grade for the entire road, and advised the Council that the plan was rejected because of the excessive grading which would have been required. Councilman Crocker moved that the road grade bp apprpyed, subject to approval of grading. Councilwoman Swanson seconded the motion. Following discussion Councilman Crocker withdrew his motion, stating that if the recommendations of the PlanningCommission with regard to the road grade were accepted, the motion would not be necessary. Councilwoman Swanson withdrew the second. Councilman Crocker suggested that as a further condition of approval the trail on the Storm tract be tied in with a trail leading to the riding ring on the Hix property, and that a water line be installed leading to the park area at the end of the Storm tract, so that both recreational areas which were given to the City could be utilized. Mr. Meurer said 1000 feet of 1 1/2" PVC water line would cost approxi- mately $2500 to install. Councilman Crocker said further that the water mater should -be -installed at the cul de`sat oh Johns Canyon Road, a valve should, be installed at the meter to the water could be turned off and on at that location, the subdivider should be required to pay for the installation, and the City should agree.to pay_for the water. Councilman Crocker said he has suggestions for a name_for'the new street, and he asked that names be submitted for consideration'. Councilman Crocker moved that the tentative map for Tract 31437, Walter Storm, be approved subject to findings of the Planning Advisor in a report dated August 17, 1976; action by the Planning Commission on September 21, 1976, and action of the City Council on September 27, 1976, which required the following: 1) that a trail on the tract be tied in with a trail leading to the riding ring on the adjacent property; 2) that a water line be installed leading to the park area at the end of the tract, so that the recreational areas donated to the City could be utilized; 3) that approximately 1,000 feet of 1 1/2" PVC water line be installed and paid for by the subdivider, and further that a water meter and valve, paid for by the City should be installed at the cul de sac so that water could be turned off and on at that location; and 4) that water for the recreation area should be paid for by the City. The engineer agreed, on behalf of the subdivider, to the conditions of approval. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES: None ABSENT: None 0A 210P September 27, 1976 DRIVEWAY RELOCATION, CURTISS SCARRITT, 2 EUCALYPTUS LANE The Council was advised that Mr.Scarritt had requested that a request for relocation of his driveway from Eucalyptus Lane to Portu- guese Bend Road be held on the agenda, as he would)hot be,able to attend the meeting to discuss the request with the, Council. Councilman Crocker said he had viewed the location of the Scarritt home, and asked that other members of the Council drive by prior to the discussion. UNAUTHORIZED GRADING, 7 PACKSADDLE ROAD WEST,_THOMAS ROBA 1513 Copies of a letter from the Los Angeles County Engineer to the District Attorney requesting an office conference with Mr. Thomas Roba regarding unauthorized grading on his property prior to filing a crim- inal complaint were presented to the Council. The matter was received and noted. OC UNAUTHORIZED CONSTRUCTION, MR. ROBERT ARCHER, 77 EASTFIELD DRIVE 1515 Copies of a letter from the Los Angeles County Engineer to the District Attorney regarding unauthorized construction by Mr. Robert ,Archer, 77 Eastfield Drive, and a'letter from the Manager to the Department of County Engineer advising that Mr. Archer has removed the violation and that no further action on the part of the City of Rolling Hills or the District Attorney is necessary were presented to the Council. The correspondence was received for the file, and the matter was removed from the agenda. LOS ANGELES COUNTY CITY SELECTION COMMITTEE 1520 Notice of the regular meeting of the City Selection Committee to be held.Thursday, October 7, 1976 at Rodger Young Center was presented to the Council. The secretary was instructed to advise the Committee that Councilwoman Gordana Swanson had been designated voting repre- sentative, and would attend the meeting. MRSo F. B. ANDRANIGIAN, 5 PACKSADDLE ROAD EAST 1525 A letter dated September 20, 1976 from Mrs. Fannie Belle Andran- igian regarding commercial use of a private residential tennis court was presented to the Council. The matter was referred to the City Manager for investigation and the Mayor directed that it be placed on the agenda for discussion at the next Council meeting after Mrs. Clifton has discussed the matter with Mrs. Andranigian. PROPOSED SOUTH BAY -COUNTY 1616 Mayor Rose said he had been informed that Rancho Palos Verdes and Rolling Hills Estates would participate in a study on the''feasibility of a proposed new South Bay County, and since he was not present at the last meeting of the Council, he asked for a summary of the discussion. Councilman Heinsheimer and Councilman Crocker explained that Councilwoman Swanson was authorized to use her discretion as Council representative at the South Bay Cities meeting, and to agree to participate in the study, providing it would be an unbiased study conducted by an objective, non- partisan source, at reasonable cost. Councilwoman Swanson said she would contact Mayor Gunther Buerk of Rancho Palos Verdes and advise him of the Council's discussion. ADJOURNMENT 1714 Mayor Rose adjourned the meeting at 11:55 P.M , APPROVED: City Clerk Mayor