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11/8/1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA November 8, 1976 A regular meeting of the City Council was called to order by Mayor pro tem Crocker on Monday, November 8, 1976 at 7:30 P.M. at the Adminis- tration Building, 2 Portuguese Bend Road, Rolling Hills, California, ROLL CALL PRESENT: Councilmembers Crocker, Pernell, Swanson ABSENT: Councilman Heinsheimer, Mayor Rose ALSO PRESENT: Teena Clifton City Manager William Kinley City Attorney June Cunningham Secretary Paula Horn' -Davis Palos Verdes Switchboard/ Juvenile Diversion Program Mrs. R. Bernstein Residents J. C. Bessell Dr. David Bray R. E. Hall Mrs. C.- Hoffman Alan Krauss Mr. & Mrs. R. Stinnett Mrs. G. Leeuwenburgh League of Women Voters APPROVAL OF MINUTES Councilwoman Swanson moved that the minutes of the meeting of October 25, 1976 be approved and accepted as corrected. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: None ABSENT: Councilman Heinsheimer, Mayor Rose PERSONAL APPEARANCE - PAULA HORN-DAVIS Councilwoman Swanson introduced Paula Horn -Davis, Community Coordinator for the Juvenile Diversion Program.... -Councilwoman Swanson said that Mrs. Davis was a founder of the Pa -160 Vordt*s Switchboard, and served as a past manager of the Switchboard; she- was a former teacher at Malaga Cove School in Palos Verdes Estates, has a Master's degree in Community and Clinical Psychology, is a licensed Marriage - Family -Child Counselor in private practice. Mrs. Davis was a re- cipient of the 1976 Beautiful Activist Award, and the PTA Council's Annual Service Award in 1976. Mrs. Davis is a consultant at USC's School of Medicine, Department of Continuing Education for Nurses, and an instructor at La Verne College. Councilwoman Swanson said Mrs. Davis was present to talk to the Council about the Juvenile Diversion Program. In addressing the Council, Mrs. Davi§ advised the Council that the South Bay Juvenile Diversion Project is a federally funded program sponsored'. by the Office of Criminal Justice, and has been renewed for the second year to provide diversion services for the entire South Bay, including the Beach Cities, Torrance, the four cities on the Peninsula, and Lomita. Mrs. Davis said she is coordinator for the Peninsula and Lomita, which provides for design of a program best suited to the community in which it will be used. November 8,`1976 The purpose of the Diversion Project is to attempt to find a non- punitive alternative for putting young people in the juvenile justice system. The greatest need, Mrs. Davis said, is community awareness. Fifty-one percent of the referrals must come from the police, as man- dated by the grant, but the balance of referrals may come from the school district, parents, and other young people. o The purpose of the Ptogram is-to°en$ure that young people will not have a record, and incorrigibility and other problems in addition to juvenile criminal acts may be referred to the Juvenile Diversion Project. Mrs.'Davis outlined the activities of the project and services provided on the community level, The Diversion Project contracts with several agencies in the South Bay, and can provide counselling, psychological testing, long term psychotherapy, if required. One of the mandates of the grant is to support local programs as they exist, and Mrs. Davis said it is her hope that when the grant ends, a basic program will exist which will continue to benefit the community. At present all cities parti- cipating make a small contribution, based on the number of juveniles in the city. M r Councilman Pernell asked that reports which are required as part of the grant be furnished to the participating cities also. Mrs." Davis ,said an evaluator of the entire project was recently hired, and specific data will be furnished to the cities as it becomes available. She explained that the Switchboard is not part of the Juvenile Diversion Project; it is an additional successful community program. Councilman Pernell suggested that a portion of the Rolling Hills Newsletter be made available for appeals and information in connection with the programs. Councilwoman Swanson said Mrs. Davis has given her inform- ation which should be put in the Newsletter. Mayor pro tem Crocker thanked Mrs. Davis for her presentation and her valuable service to the community. He asked that budgetary require- ments be submitted to the cities in advance of consideration of their budgets each year, and said he considers the project worthy of finan- cial support by Rolling Hills, as the money would be well spent. NOTICE OF APPEAL FROM DECISION OF PLANNING COMMISSION 782' Copies of a letter dated October 29, 1976 from Michael W. Roberts, attorney for,Mrs. Adrienne Burke, owner of property at 33 Crest Road East, was presented to the Council. Mr..Roberts advised that the ap- plicant wishes to appeal the decision of the Planning Commission on October 19, 1976 to deny Zoning Cases No. 165 and 166, applications for conditional use permits as required by Ordinance No. 112 to build a swimming pool and tennis court as part of the development of the property. Mayor pro tem Crocker set the hearing before the Council for the next regular meeting on Monday, November 22, 1976, and scheduled a field trip to the site for Sunday, November 21 at 9:30 A.M. The Clerk was instructed to call members of the Council who were not present at - the meeting, and to advise the owner. Further, the Mayor pro tem asked that stakes be placed at the four corners of the proposed tennis court, showing the fence height and location. LEAGUE OF CALIFORNIA CITIES 806 Correspondence dated Augugt 27, 1976 advising that a Criminal Justice Planning and Technical Assistance Unit has been funded by the Law Enforcement Assistance Administration for the Los Angeles County Division of the League was presented to the Council. An assessment schedule, and a bill in the amount of $45.00 for the City of Rolling Hills was presented. -2- 2 2 U A motion man Pernell, ing roll call AYES: NOES: ABSENT: November 8, 1976 to approve the expenditure of $45.00 was made by Council - seconded by Councilwoman Swanson and carried by the follow - vote: Councilmembers Crocker, Pernell, Swanson None Councilman Heinsheimer, Mayor Rose CALIFORNIA CONTRACT CITIES ASSOCIATION 814 The City Attorney advised that the County Agreement executed in 1964 relieved the city of any liability as a result of contractual relations as a Contract City with the County acting in any capacity on behalf of the City. Because of rising cost of litigation, the County has prepared a new agreement covering "Assumption of Liability" between the County and Contracting Cities which would specify that the County would maintain liability insurance in the amount of Five Million Dollars per occurrence, which would be for claims over One Million Dollars deductible, and that the City would be required to assume any liability for losses in excess of Five Million Dollars. Mr. Kinley said he found the One Million Dollar deductible re- quirement very objectionable, and would also object to the limit of Five Million Dollars liability by the County. It was his recommenda- tion that any loss in excess of that amount should be shared equally by the County and the Contract City as part of the contract. Mr. Kinley said the proposed agreement is being studied by the Committee of City Attorneys, and he said he would keep the Council advised. CITY OF UNION CITY 846 In a letter dated August 27, 1976 the Alameda County -City Manage- ment Association advised that over the last few years the incidence of law suits filed against management personnel in municipal govern- ment has increased dramatically, especially with relation to City Managers, and under California law, municipalities are prohibited from paying such awards; the City Manager would be held liable for any award made by the Court. In discussing the matter, Mr. Kinley said it should be considered when the insurance policy comes up for renewal. CITY OF RANCHO PALOS VERDES 891 The Manager presented the Draft Environmental Impact Report for Seacliff Hills in Rancho Palos Verdes. Mrs. Clifton explained that the report was sent to Rolling Hills by Rancho Palos Verdes for in- formation purposes. Councilman Pernell asked that it be referred to the Environmental Quality Board, and it was so ordered. TENTATIVE TRACT 31714, RANCHO PALOS VERDES 897 Mrs. Clifton reported that she had discussed the proposed tract at 5300 and 5400 Crest Road, adjacent to St. John Fisher Church, with the Planning Advisor of Rancho Palos Verdes. She was advised that the City has had four maps for proposed division of the land owned'by the Daughters of Mary and Joseph, and the matter is being held by Rancho Palos Verdes for clarification regarding the correct tentative map. The matter was held on the agenda. -3- 1 November 8, 1976 RESOLUTION NO'. 377 903 Resolution No. 377 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -ROLLING HILLS PROCLAIMING THE MONTH OF NOVEMBER, 1976 AS "WETIP MONTH". IN THE CITY OF ROLLING HILLS was adopted on the motion made by Councilwoman Swanson, seconded by Councilman Pernell and car- ried by the following roll call vote: a. AYES: Councilmembers Crocker, Pernell, Swanson NOES: None ABSENT: Councilman Heinsheimer, Mayor Rose TRAFFIC STUDY 917 In a memorandum to the council dated November 8, 1976, the City QC Manager advised that after reviewing the Traffic Report prepared by the Automobile Club of Southern California, she wished to recommend C�`that the Council authorize her to proceed with certain recommendations ` 0 in the report. v Councilwoman Swanson reported that she was contacted by Mr. and Mrs. Robert Kerr, 10 Eastfield Drive, and Mr. and Mrs. Warren Kane, 21 Eastfield, who said that they would be interested in serving on a task force to work on traffic and speed situations in various parts of the City. It is their intent to prepare a brief report to the Council, if requested to do so. Councilman Crocker said the Automobile Club limited their report to Portuguese Bend Road, Crest Road and Eastfield Drive because of time limits. In addition, the Road Department has conducted studies, and he suggested that these studies be made available to residents who wish to pursue the matter. Councilman Pernell said any expression of interest by residents and any offers to work on a matter should be encouraged. Although traffic safety is the primary obligation of the Council, the Board of Directors should be informed of everything done in connection with traffic safety. Further, he said the problem is a complex one, and anyone who volunteers to work on it should not be expected to over- simplify the report in the interest of brevity. Mr. Kinley advised that the Traffic Ordinance recommends that such problems be referred to the Traffic Commission, and he suggested that the Traffic Commission, as specified in the Traffic Ordinance, be activated. Mayor pro tem Crocker said Mr. Kerr should be asked to serve on the Traffic Commission, and he asked the City Attorney to review the Traffic Ordinance and report to the Council on the make-up of the Commission later in the meeting. LEFT HAND TURN LANE ON PALOS VERDES DRIVE EAST 1018 The Manager reported that work has been started on the left hand turn lane on Palos Verdes Drive East in the vicinity of the Eastfield Gate, and she said that since the City of Rolling Hills is preparing to have some road striping and marking done in the near future, it may include the marking on that portion of Palos Verdes Drive East. Mr. R. E. Hall, 16 Outrider Road, said he wished to thank the Council for their effort in having the left turn lane installed. FIRE IN OUTRIDER ROAD AREA 1020 Mr. Hall reported that there was a recent fire on the Mott Z41 ;dZwAA November 8, 1976 property at 12 Outrider Road, and he expressed concern about the fire danger which results from Miraleste High School students smoking on private property. The Manager explained that the School District installed a gate in an attempt to prevent students from leaving the school grounds and entering on private property, but the gate has been vandalized. The matter has been brought to the attention of school authorities, Mrs. Clifton said, and they are attempting to police the area and take steps to eliminate the fire danger. Mrs. Clifton said she is attempting to reach Mr. and Mrs. Mott to obtain permission to trim shrubs in the area which provide a dense screen on the property. REQUEST FOR GUARD RAIL ON PORTUGUESE BEND ROAD 1080 Mr. J. C. Bessell, 8 Possum Ridge Road, requested that the Council consider installing a guard rail on Portuguese Bend Road at upper Saddle- back Road. Mayor pro tem Crocker said specific recommendations were made in the report of the Automobile Club, and would be implemented as..soon as possible. The Mayor pro tem asked the Council to comment on the recom- mendations included in the Manager's memorandum dated November 8, and the following actions were taken: 1. New signing at La Cresta School was approved. 2. New equestrian signs at all existing horse crossings and any approved in the future was discussed. The Manager recommended that the international symbol for horse crossings be installed and the City Attorney concurred. Councilwoman Swanson suggested that the signs warning of horse crossings be placed in advance of the crossing. 3. Mrs.a.Clifton.said she would discuss marking fire hydrants with reflective paint or reflector paddles with the Water Company, since they paint the hydrants periodically. 4. Expansion of reflective delineator installation to all city streets was approved, with the recommendation that additional delineators be placed at sharp curves, The Manager said the delineators would be installed as streets are re -surfaced, and would be replaced in areas where they have been dislodged. 5. Installation of a guard rail in the vicinity of 49 Eastfield Drive was approved, and additional guardrails will be considered for other areas. The Manager said she does not yet know the cost of such installations, but would advise the Council when she has cost information. 6. Edge striping on Eastfield Drive, Crest Road and Portuguese Bend Road was approved. Councilwoman Swanson asked that striping also be done on Saddleback Road. Mrs. Clifton said she would be meeting with a representative of the Los Angeles County Road Department, and would discuss the matter with him. Councilman Pernell asked about the priorities of the projects. Mrs. Clifton said that because of statements and recommendations in the Automobile Club's report, she would consider installation of guard rails and road striping most important, and would advise the Council as soon as possible on the cost of those items. Councilman Pernell also recom- mended that the speed limits be re-evaluated. The Manager reported that she had forwarded a memorandum dated November 8, 1976 from Roy Sinclair, 52 Eastfield Drive, concerning speeding on Eastfield Drive to the Sheriff. The recommendations made by the Manager were approved in a motion made_by Councilman Pernell, seconded by Councilwoman Swanson and carried -5- 0 November 8, 1976 by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: None ABSENT: Councilman Heinsheimer, Mayor Rose The City Attorney reported that the Traffic Ordinance states that the Traffic Commission shall consist of one member of the City Council, two residents of the City, the City Attorney, the City Manager, and such other representatives of official or unofficial bodies or agencies of the City or County as appointed by the Mayor and approved by the City Council, and all shall serve without compensation. The Mayor pro tem said he would recommend that Mayor Rose activate the Traffic Commission and make appointments at the next meeting of the . Council. Cl EQUESTRIAN CROSSING SIGNS 1390 Councilman Pernell moved that the Council accept the recommendation of the Planning Commission regarding installation of equestrian crossing signs as requested by Caballeros, and authorize installation of the signs. Councilwoman Swanson seconded the motion, and asked that it be amended to ask the Planning Commission to make a recommendation on her request that an equestrian crossing sign also be installed at the bottom of Chuckwagon Road. Councilman Pernell seconded the motion as amended. The motion as amended was passed on the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES- None ABSENT- Councilman Heinsheimer, Mayor Rose The original motion was passed on thefollowing roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES- None ABSENT- Councilman Heinshiemer, Mayor Rose COMMERCIAL USE OF TENNIS COURTS 1465 Mr. Kinley reported that as directed by the Council, he had written to Mr. Hubert Toll, 1 Eastfield Drive and Mr. Donald Ellis, 17 Eastfield Drive, and advised them that it had been brought to the attention of the Council that tennis courts on their properties were being rented to the general public, and that the activity violated the Zoning Ordinance of the City; which prohibits all commercial activity in residential zones, and also that the general public renting the courts were parking cars unlawfully on the private streets of the City. Copies of Mr. Kinley's letters dated October 28, 1976 and copies of correspondence dated November 2 from Mr. Ellis and November 3 from Mr. Toll were presented to the Council. In their letters Mr. Toll stated that his court was used for charitable purposes, and no compen- sation or tax benefit was derived from the use. Mr. Ellis said that in addition to use for charitable purposes, an offer had been made in an ad to lease the court, but the court was not rented to anyone who re- sponded to the ad, and it was not re -run. 2.2 November 8, 1976 Following review and discussion of the uses outlined by Mr. Toll and Mr. Ellis, Councilman Pernell said he would recommend that uses which pertain to activities in Rolling Hills and for residents of Rolling Hills be permitted, and that activities for outsiders be frowned upon, since they constitute a use by and for the benefit of non-residents, and cause problems, particularly because of the traf- fic which results. Councilwoman Swanson agreed, and -said use by non- residents results in excessive traffic and parking in easements. Mr. Kinley said the use by non-residents is an overburdening of the ease- ment through the Eastfield Gate, and activities for the purpose of raising money is a commercial use of the property, even if the owners do not receive any income or tax benefit from the activity. The matter was held for further discussion. at the next meeting of the Council on November 22, and the joint meeting with the Board of Directors of the Rolling Hills Community Association on November 29. The City Attorney said Mr. Toll and Mr. Ellis should be advised of the Council action by lettere PURPOSE OF JOINT MEETING OF BOARD OF DIRECTORS AND CITY COUNCIL 1800 Copies of a letter from Mr. Jack Davidson, President of the Rolling Hills Community Association to the Attorney, requesting an outline of functions performed by the various committees, agencies, commissions, boards and councils, and guidelines for delineating those areas of responsibility, and Mr. Kinley's letter of reply dated Novem- ber 2, 1976 were presented to the Council. Mayor pro tem Crocker said the purpose of the joint meeting on November 29, 1976 was to determine to what extent one of the two bodies should have exclusive jurisdiction over esthetic considerations, and he said the primary reason for the discussion relates to tennis courts, but other areas could be consid- ered in relation to the City Council's and Planning Commission's con- sideration of the impact of tennis courts in the community on the basis of esthetics, as well as noise and view, traffic and other consider- ations, and the deed restrictions which are enforced by the Community Association. Since there is an overlapping of jurisdictions which results in approval by some bodies and rejection by other bodies, an attempt will be made to define the jurisdictions and duties of the bodies. Mrs. Carole Hoffman asked what decision had been made by the Council after the public hearing on Ordinance No. 112 at La Cresta School. Mayor pro tem Crocker stated that the Council had decided to keep the ordinance in effect and require a conditional use permit for all private recreational use. Mr. J. C. Bessell said he wished to go on record as opposing all commercial activity in the City. Mr. Roy Stinnett, 9 Caballeros Road, said the narrow streets and traffic problems in the City should control commercial use, and the City should not be opened to outsiders under existing road conditions. GORDON SHULTZ, TRACT 30605 18(2) Mrs. Clifton recommended that the grading bond for Tract 30605, Gordon Shultz, be released as all work has been completed as required and all lots have been sold with the exception of one parcel which Mr. Shultz has retained. A motion to release the bond was made by Council- man Pernell and seconded by Councilwoman Swanson. Councilman Crocker said he thought the residents of Johns Canyon Road should know that the bond was required, and have an opportunity to request sprinklers before their right to make such a request is waived by Council action. Mrs. Clifton said she would contact the -7- 22 5 November 8, 1976 residents and advise theme Councilman Crocker moved that the matter be postponed until the next meeting of the Council. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: None ABSENT: Councilman Heinsheimer, Mayor Rose RESIDENTS OWNING MORE THAN THREE DOGS IN VIOLATION OF ORD. 143 35 The Manager reported that the following residents own more than three dogs in violation of Ordinance No. 143: Mr. Robert Dunn, Mrs. Velma Matthews, Mrs, Harriett Spertus, Mr. and Mrs. Howard Jensen, Mr. and Mrs. Andrew Swedenborg. Mrs. Clifton said each of the residents had been notified by certified letter that they were in :violation, and had not made an effort to comply with the requirements of the ordinance. Mayor pro tem Crocker said it was his opinion that a procedure should be initiated to enforce the ordinance; Councilwoman Swanson agreed. The City Attorney explained that it would be necessary to contact the District Attorney and request an office conference for those in violation. Mayor pro tem Crocker directed the staff to take the appropriate action to enforce the ordinance. CLIFTON HIX, TRACT 29383, REQUEST FOR RELEASE OF BOND 62 The Manager reported that the "as built" grading plan for Lot 7 of Tract 29383 had not been presented, and she recommended that the request for release of the bond for grading and compact buttress fill of the lot be held until the plan is presented. It was so ordered. LOS ANGELES COUNTY DEPARTMENT OF BEACHES 64 Mrs. Clifton reported that one copy of the Abalone. Cove Questionnaire has been returned, and was forwarded to the Los Angeles County Department of Beaches. Additional completed questionnaires will be forwarded as soon as they are received, the Manager said. PAYMENT OF BILLS 79 Councilman Crocker moved that Demands No. 5746 through 5780 in the amount of $9,187°63, with the exception of Demand No. 5768, which was voided, be paid from the General Fund. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: None ABSENT: Councilman Heinsheimer, Mayor Rose MRS. ROSEMARY BERNSTEIN, 9 EASTFIELD DRIVE 100 Mrs. Rosemary Bernstein, 9 Eastfield Drive, said she wished to thank the Council for their response to requests made by residents at neighborhood meetings, and for iinstalling a footpath on Eastfield Drive and left turn pockets in the Eastfield Gate area, and she com- plimented the Council on the expeditious manner in which both requests were handled. IBM v November 8, 1976 BUILDING SITE LOCATION CLARIFICATION 126 The City Attorney requested that clarification of building sites on Lots 13, 14 and 15, Southfield Tract, be held on the agenda. It was so ordered. PROPOSED ORDINANCE - DISORDERLY CONDUCT 130 Mr. Kinley reported that he had discussed the proposed ordinance with the Sheriff, and he is attempting to put together an ordinance based on conspiracy to trespass on property in the City. He asked that the matter be held, and it was so ordered. PROPOSED ORDINANCE - GRADING PERMITS 134 The City Attorney requested that the proposed ordinance pertaining to grading permits be marked DRAFT and referred to the Boafd of Directors and Planning Commission. The Mayor pr6�tem so ordered. FLYING TRIANGLE PROPERTIES 184 In a letter dated October 27, 1976, Mr. Tien Zee advised that he wishes to preserve the pool, which has been fenced, on his property on Running Brand Road until he can undertake construction of a new home to replace the one destroyed by fire, and he requested that the Council withdraw its request for demolition of the pool. The Manager requested members of the Council to view the Zee pool at 3 Running Brand Road and the Wilhite pool at 6 Running Brand Road prior to the next meeting, and the Council members agreed to do so. WATER COMPANY PROPERTY ON SPUR LANE 190 Mr. J. C. Bessell asked whether the City could request that the California Water Service Company landscape their property on Crest Road. The Manager reported that the land runs from Crest Road to Spur Lane, and discussions are being held with the Water Company about the possibility of using the property for a community park. PROPOSED SOUTH BAY COUNTY 242 Councilwoman Swanson reported that she had attended a meeting sponsored by the City of Gardena to discuss the proposed South Bay County. She reported that several cities have expressed interest, and have requested a feasibility study of the proposal. CALIFORNIA TAX REFORM ASSOCIATION MEETING 252 The Manager reported that the California Tax Reform Association will meet in Sacramento December 8 and 9, 1976. PARAMEDIC CPR CLASS 255 Mrs. Clifton reported that several members of the staff are enrolled in a class in Cardio -Pulmonary Resuscitation being conducted by members of the Paramedics at Dapplegray School. Arrangements were made through Chief Paul Schneider, Los Angeles County Fire Department, and efforts are being made to make the course available to residents in both day time and evening courses. ADJOURNMENT 275 The meeting was adourned to a personnel session at 11:00 P.M. The meeting was reconvened at 11:45 P.M. and adjourned at 11050 P.M. APPRO D : /"' Mayor City C er