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MINUTES OF THE
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS, CALIFORNIA
November 22 1976
A regular meeting of the City Council was called to order by Mayor
1.1
at 7030 P.M. Monday, November 22 1976 in the .Council. Chambers, 2
°o- Vav,uese Bend Road, in the City of Rolling Hills, California.
V(Ti 's„ CALL
PRESENT, Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
ABSENT: None
ALSO PRESENT: Teena Clifton City Manager
William Kinley City Attorney
L. D. Courtright City Treasurer
June Cunningham Secretary
Mr. & Mrs. Jack Morris Coldwell-Banker
William Bechtold Residents
Dan Burke
Mike Burke
Jack Davidson
Donald Ellis
Mrs. Kip Goldreyer
Robert Kerr
Mr. & Mrs. C. Occhipinti
Forrest Riegel
Robert Schmitt
Howard Slusher
John Stern
Mrs. Bonnie Toll
Mr. & Mrs. T. Wachtell
/�Pf P `V/PzL OF 'MINUTES
The minutes of the meeting of November 8, 1976 were approved and
-gccpted as corrected on the motion of Councilman Crocker, seconded by
"'i,c°neilmsn Pernell and carried by the following roll call vote
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
NOES: None
ABSTAIKED e Mayor Rose
r. -.-T REPORT 104
The City Treasurer reported that he had reviewed the Audit Report
Eor the City of Rolling Hills, July 1, 1975 to June 30, 1976, prepared
ty Cotton and Francisco, and had found it in order. It was his recom-
i�rp,,dat-,*Lon that the report be approved and accepted.
P motion to approve and accept the Audit Report on the recommenda-
twgTr of the City Treasurer was made by Councilman Crocker, seconded by
Heinsheimer and carried by the following roll call vote
AIMS- Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
1% a OES . None
ABS1':ryT . None
22
FINANCIAL STATEMENT
November 22, 1976
124
The Financial Statement for October 1976 was approved and accepted
on the motion of Councilman Crocker, seconded by Councilman Pernell and
carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT- None
PAYMENT OF BILLS 127
Councilwoman Swanson moved that Demands No. 5781 through 5819, in
the amount of $33,896068, be paid from the General Fund. The motion
was seconded by Councilman Crocker and carried by the following roll
call vote.
AYES° Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES- None
ABSENT: None
COMMERCIAL USE OF TENNIS COURTS 127
Mr., Donald Ellis, 17 Eastfield Drive, advised that he was present
to request a response to his letter to the City Council on November 2,
1976 in reply to a letter from the City Attorney dated October 28, 1976,
advising that commercial use of his tennis court must be terminated,
Mr. Ellis advised that the court had been used for charitable pur-
poses, and also had been rented on occasion, and he asked whether the
court could be utilized by a tennis pro to give lessons. Mayor Rose
asked whether lessons would be limited to residents or would be given
to anyone who wished to take lessons. Mr. Ellis explained that the
court had been used by a pro, and no limitation had been placed on
residence of his pupils; he said that the court is not being used in
tb.at way at the present time and it is not anticipated that it will
again in the future, but he wished to have the matter clarified,
Councilman Pernell said judgment of the matter and response to
Mr. Ellis's letter had been deferred to the joint meeting of the City
Council and Board of Directors on November 29, 1976, since the matter
is of interest to both bodies, and he suggested that Mr. Ellis attend
the meeting,
Mayor Rose noted that Mrs. Hubert Toll, 1 Eastfield Drive, was
present on a similar matter, and he suggested that she, too, plan to
attend the joint meeting on November 29 at 7:30 P.M. The Mayor ordered
the matter held on the agenda.
TRAFFIC STUDY 148
Mayor Rose stated that rather than appoint a Traffic Commission
at this time, he wished to appoint a Citizens' Advisory Committee from
the Eastfield area of the City to assist and advise the Council in an
informal manner on traffic problems in that area.
Councilwoman Swanson said she had discussed the matter with Mr.
Robert Kerr, 10 Eastfield Drive, and he had indicated his willingness
to chair an informal committee which would review reports made by the
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November 22, 1976
Automobile Club of Southern California and the Los Angeles County Road
Department, and make a report to the Council in 60 - 90 days. Council-
woman Swanson advised that Mr. Kerr was present at the meeting.
Councilman Crocker said he would be willing to work with the Com-
mittee, and he suggested that Mr. Kerr first meet with the City Manager
and obtain copies of the reports and studies previously completed.
Councilwoman Swanson suggested that in addition, the names and telephone
numbers of Eastfield residents who had indicated an interest in the mat-
ter be furnished to Mr. Kerr so he could contact them for assistance on
the committee, Mayor Rose asked Mr. Kerr whether he would be willing to
act in the capacity outlined, and Mr. Kerr said he would.
APPEAL FROM DECISION OF PLANNING COMMISSION 193
In a letter dated October 29, 1976, Mr. Michael W. Roberts, attorney
for Mrs. Adrienne Burke, advised that his client wished to appeal the
decision of the Planning Commission on October 19, 1976 to deny appli-
cation for permission to construct a tennis court and a swimming pool at
33 Crest Road East, Zoning Cases No. 165 and 166.
Mr. Roberts addressed the Council and advised that a copy of the
transcript of the hearing, taken by a certified reporter, had been fur-
nished to the City, and he said he understood that the Council would
make its decision based on the transcript and a field trip to the site
by members of the Council on Sunday, November 21. Further, Mr. Roberts
said that no new information would be presented, but as previously ar-
ranged with Mrs. Clifton, photographs would be entered to clarify some
of the physical evidence. Following a discussion with the City Attorney
Mayor Rose said photographs would be accepted, but renderings of the
property would not be accepted.
Mr. Roberts stated that the burden is on the applicant when re-
questing conditional use permits, and he stated that his client had'met
the burden and the Planning Commission was mandated to issue the permits.
He said he wished to go over the evidence, the findings and the conclu-
sion of the Planning Commission in appealing the matter to the Council.
Mr. Roberts said that requirements of Ordinance No. 137 concerning lot
coverage had been met; the tennis court design, height of fence and the
landscaping were approved by the Architectural Committee; the proposed
development would not be incompatible with the surrounding neighborhood,
since one tennis court already exists, and under the broad authority
granted by the Zoning Ordinance, the development would comply with legal
use, socially recognized use, and -would be beneficial to the owner and
to the community.
In addressing the concerns of Mr. and Mrs. Thomas Wachtell, 35 Crest
Road East, Mr. Roberts said their problems would not be insurmountable,
as landscaping would eliminate the view of the tennis court fence from
-the front door of the Wachtell residence. He said, further, that their
objections were insufficient cause to deny the application. Further,
Mr. Roberts said that concerns expressed by other residents at least
three quarters of a mile away should not be considered substantial op-
position, since those residents do not live in the area of the proposed
tennis court. The view from Southfield Drive would be obstructed when
driving northbound only, he said, and further he stated that the pro-
posed tennis court on the Burke property would be an improvement, since
it would be newer and better landscaped than the existing court in the
area.
Mr. Roberts stated that the Planning Commission abused their dis-
cretion in denying the application for a swimming pool as well as the
tennis court application. He explained that his client had requested
that the total development of the property including the swimming pool
be considered; however, during the discussion no mention was made of.
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November 22, 1976
the pool, and the entire discussion centered on the tennis court. When
the Commission voted on the matter, Mr. Burke's request for separate
votes was denied because of his earlier request that the two projects
be considered together, and both were denied. Mr. Roberts said that
since there was no testimony regarding the swimming pool, or any oppo-
sition to the proposal, it should have been voted separately.
Councilman Crocker asked Mr. Kinley whether the Council could con-
sider the pool apart from the tennis court, and the City Attorney said
they could.
In discussing the matter Mayor Rose said that after viewing the
site he had considered the noise potential rather than the view obstruc-
tion, particularly with regard to the Wachtell property. Further, he
noted that photographs submitted indicate that the top of the proposed
Burke residence would be level with Crest Road East, and the house would
block the tennis court from view from the Cosimo Occhipinti property at
34 Crest Road East. The pictures were circulated to members of the
Council.
Councilman Pernell read an excerpt from the transcript quoting
Commissioner Murdock with reference to public convenience and welfare.
Mr, Roberts explained that Commissioner Murdock had read Section 6.06
of Ordinance No. 33 into the record.
Councilman Crocker advised that he had attended the Planning Com-
mission hearing as a resident, and he asked whether his attendance at
the hearing would affect the propriety of his voting as a member of
the Council. The City Attorney said that when Mr. Crocker appeared at
the Planning Commission hearing as a resident, he spoke as a resident
and his appearance would not affect his voting on the Council. Council-
man Crocker said that for the record he wished to state that he would
participate in Council discussions, would go on field trips, and would
vote fairly on the question. Mr. Kinley said such actions would be
appropriate.
In summarizing the discussion Mayor Rose thanked Mr. Roberts for
his presentation and said he would have no problem in separating dis-
cussion of the tennis court from discussion of the swimming pool.
Councilman Heinsheimer moved that the matter of the application
for a conditional use permit for a swimming pool be considered separ-
ately from the application for a conditional use permit for construc-
tion of a tennis court. The motion was seconded by Councilwoman Swanson
and carried by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Swanson,
Mayor Rose
NOES: Councilman Pernell
ABSENT: None
Councilman Crocker moved that the application for a conditional use
permit for construction of a swimming pool and spa on Lot 70 -A -1 -MS,
33 Crest Road East, Zoning Case No. 165, be granted to Mrs. Adrienne
Burke. The motion was seconded by Councilman Heinsheimer and carried
by the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson,
Mayor Rose
NOES: None
ABSENT: None
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November 22, 1976
With regard to the tennis court, Mayor Rose said the proposed
tennis court meets all technical requirements of the ordinances of
the City, and the Council is being asked to make a subjective decision
based on appropriate use of the property, rather than an objective de-
cision based on compliance with requirements. Among the matters to be
considered is the question of whether tennis..courts should be approved
on two acre parcels; whether tennis courts should be permitted on
sloped lots; the impact on neighbors, and the itripaot 6h the community
as a whole. Councilman Crocker said that the Council has been asked
to judge a specific tennis court on a specific parcel, and should at
this time deal only with the appeal, not with broader policy decisions.
Councilman Heinsheimer siad the'intent of.Ordinance No. 112 is to give
individual consideration to each tennis court, swimming pool or other
recreational use presented, rather than to implement a policy. Coun-
cilwoman Swanson said the City Council should either uphold the decision
of the Planning Commission and deny the application for a conditional
use permit, or should overrule the Planning Commission and grant the
application, but should not act on general feeling.
' Councilwoman Swanson said that based on evidence presented to the
Planning Commission, discussion before the City Council, and afield
trip to the site, she wished to move that the Council uphold the decision
of the Planning Commission and deny the application by Mrs. Adrienne
Burke for a conditional use permit for construction of a tennis court,
Zoning Case No. 166. The motion was seconded by Councilman Crocker.
In discussing the motion, Councilman Pernell said that the Plan-
ning Commission decides the direction of development of the community,
and he wished to sustain the decision of the Planning Commission in
the matter before the Council, since the property under consideration
is a prominent lot on one of the major streets in the community. Fol-
lowing the discussion the motion carried on the following roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
Mayor Rose asked that the reeord-wl.show that his affirmative vote
was without prejudice to a new application when landscaping on the
property grows.
BUDGETARY ALLOCATION FOR PROFESSIONAL CONSULTING SERVICES 828
Councilman Crocker requested that the Council consider a budgetary
allocation for professional consulting services, and he asked Mr. Forrest
Riegel, Chairman of the Planning Commission to speak on the matter.
Mr. Riegel explained that at the Planning Commission meeting on
November 16 information, evidence and statistics were submitted to the
Commission by Mr. Howard Slusher in connection with his application for
a conditional use permit for a tennis court on Lot 19 -FT, 61 Portuguese
Bend Road, and it was the opinion of the members of the Planning Commis-
sion that they were not qualified to make a judgement regarding the con-
clusions of experts who prepared the testimony. Mr. Riegel requested
that the Planning Commission be authorized to retain professional con-
sultants to assist them and that funds be authorized for that purpose.
He stated that although he is making a general request for funds, he
wished to request up to $5,000 for professional consultants to assist
in the Slusher application.
When asked by the Mayor, the City Attorney said such consultants
should be a neutral, professional, un -biased source to assist the Plan-
ning Commission in evaluating the expert opinions submitted to them.
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November 22, 1976
Councilman.Heinsheimer--sugge,ste.d.:that sources..;within.the community be
sought to -eliminate additional, -expenditure of-City=funds. Councilman,
Crocker said he was.present at:,th,e Planning.Commis.sion meeting, and the
evidence on behalf of --Mr. S.lusher'.s.,application was submitted by three
attorneys, an appraiser,=ac.ousttic:s,'engineer.,-lands,cape architect, civil
engineer and geologist-, all:•: expet.t.s-.- in. their. fields. He asked that the
City Attorney be authorized'Ion behalfs.of the Planning Commission to su-
pervise obtaining, exp -eras. and, :their,presen.tation o,f material to the
Planning Commission,'coord:inating with Chaiman Riegel.
Mr. Slusher advised the Council that the matter was considered by
the Planning Commission.on.September 21,,October 19 and November 16, 1976,
and that the hearing before the Planning Commission had been closed.
Mayor Rose asked whether the Planning Commission could re -open the hear-
ing for the purpose of hearing consultants hired by the City. Mr. Kinley
said he would research the matter, and would present his opinion in writing.
Councilman Crocker said there are funds in the budget available, and
he moved that the Council authorize expenditure of up to $5,000 to obtain
professional consulting services to assist the Planning Commission to
evaluate evidence submitted by Mr. Howard Slusher in connection with his
application. Councilman Pernell seconded the motion.
Mr. Slusher objected, stating that he has relied on the date of
December 7, 1976, since the Planning Commission at their meeting on
November 16 had taken the matter under submission and stated that their
decision would be announced at an adjourned meeting on December 7. Coun-
cilman Heinsheimer asked whether such use of funds would be proper use
of property taxes. Councilman Pernell said the Planning Commission has
in the past had testimony of geologists to assist them in considering
matters before them. Councilwoman Swanson said she agreed with the
need for assistance to make a good and gust ruling, but was shocked at
the high cost of such consultants.
The City Attorney said he would consider Mr. Slusher's inconvenience
as caused by continuance of the matter, and would include his opinion in
his written opinion concerning re -opening the hearing.
The motion to approve allocation of funds up to $5,000 was approved
on the following roll call vote:
AYES: Councilmembers Crocker, Pernell, Swanson, Mayor Rose
NOES: Councilman Heinsheimer
ABSENT: None
RECESS
The meeting was recessed at 10:45 P.M. and reconvened at 10:50 P.M.
FLYING TRIANGLE PROPERTIES 1179
The Manager advised that Mr. Jack Morris of Coldwell-Banker was
present on the matter of the property of Mrs. Ethlyn Willhite, 6 Running -
brand Road, which was recently sold to Mr. and Mrs. Allen Russell, who
presently live at 16 Portuguese Bend Road. Mr. Morris represented Mrs.
Willhite in the sale, and wished clarification of the Council's position
regarding the abandoned swimming pool on the property.
Following discussion, Mayor Rose asked Mr. Morris to advise Mr.
Russell that the -Council wished a report from him at their meeting on
December 13, 1976, advising what action he'would propose to eliminate
the problem of the abandoned pool. Mayor Rose asked the Manager to make
a similar request of Mr. Tien Zee, owner of property at 3 Runningbrand
Road, and he ordered the matter held on the agenda.
eI'
Novembeir,22, 1976
PUBLIC WORKS EMPLOYMENT ACT , -TITLE I .135:9
Mrs. Clifton requested approval of expenditure of funds, in the
amount of $3,100 to hire'engineer.s, surveyors, etc..'in connection with
obtaining engineering information for submitting<a..final.ap.p.-licat.ion
for funds for necessary Flood Control.:work,urider.Public Works Employ-
ment Act, Title I.
A motion to approve allocation of funds nq.t to exco-e. $. ,1Q0`was
made by Councilman Heinsheimer, seconded by Councilman Crocker and
carried by the following roll call vote:.
AYES: Councilmembers Crocker,Heinsheimer, Perne.li, Swanson
Mayor Rose
NOES: None
Of ABSENT: None
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011.
ORDINANCE NO. 136, LICENSING OF DOGS 1390
a
C.L4 The Manager requested that the fee schedule attached to Ordinance
No. 136 as Exhibit A be amended to provide fora penalty for failure to
obtain a license. The Mayor directed the City Attorney to prepare an
amendment imposing a penalty of $25.00 for failure to license, for
consideration by the Council.
ORDINANCE NO. 112 1435
A review of requirements for Conditional Use.Permit under Ordinance
No. 112 for swimming pools was deferred to the joint meeting of the
Board and Council on November 29,
TRAFFIC COMMISSION 1455
The Mayor directed that a notice be put in the Newsletter advising
that the Traffic Commission will be activated, and requesting, that resi-
dents who are interested in serving apply for appointment.
TENTATIVE TRACT 31714 - RANCHO PALOS VERDES 1485
The Manager requested that the matter be held on the agenda until
new maps are provided by Rancho Palos Verdes, The Mayor so ordered.
GORDON SHULTZ, TRACT 30605, RELEASE OF GRADING BOND 1500
The Manager requested that the matter be held until she has -con-
tacted residents in the area to determine whether the work has been
completed to their satisfaction, before the bond is released. The
Mayor so ordere, and Mayor Rose also asked the Manager to check the
status of grading on the Shultz property in the area adjacent to Silver
Spur Road, which was started without a permit. Mrs. Clifton was asked•
to report on the matter at the next Council meeting.
CLIFTON HIX, TRACT 29383, RELEASE OF BOND, LOT 7 1527
The Manager advised that a plan for the grading and compact buttress
fill.for Lot 7, Tract 29383, has been submitted to the County Engineer
for checking, and she asked that the matter be held for the Engineer's
report. The Mayor so ordered.
CALIFORNIA WATER SERVICE COMPANY, APPLICATION NO. 56169 1532
The Decision Draft, dated November 3, 1976, on the hearipg on the
California Water Company's application for an increase in.rates was
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November 22, 1976
received for the file. Mayor Rose said the infomaltion is available to
anyone who wished to inspect it.
LETTER FROM MARK FRIEDMAN, 11 FLYING .MANE ROAD
1546
In a letter dated November:.15, 1976; Mr. and.Mrs. Mark Friedman,
11 Flying Mane Road, expressed support of Ordinance No. 112 which re-
quires both a public hearing and a permit for any recreational use with-
in the city onlprivate property.. .Further,,Mr. and Mrs. Friedman said
that in order -to -provide adequate recreational facilities within the
city available to residents, they favor and would support a plan where-
by the city provides and pays for the facilities.
Mayor Rose asked that a copy of the letter be sent to Dr. David
Bray, president of the Tennis Club.
SPEED STUDY 1556
Councilman Crocker said that in light of recommendations by the
Automobile Club with regard to speed limits in Rolling Hills, he wished
to recommend that an interim study be considered, and he asked that the
Manager advise the' -Council at the next'meeting what the cost of such a
study by experts would be.
ACCESS TO CITY BY VISITORS 1578
Mayor Rose asked that the proposal that -access to the City by
visitors be limited to the Main Gate only, suggested at a recent Council
meeting, be palced on the agenda at the joint meeting on November 29.
The Mayor said that he and Councilman Crocker would meet with Mr.
Davidson, President of the Board of Directors, and Director Stringfellow
to develop the agenda for the meeting.
PROPOSED ORDINANCE, DISORDERLY CONDUCT 1597
At the request of the City Attorney the proposed ordinance was held
on the agenda.
PADDLE TENNIS COURTS, ORDINANCE NO. 112 1599
The'City Attorney advised the Council that he had reviewed Ordinance
No. 112, and it was his opinion that paddle tennis courts were not in-
cluded in the existing ordinance.
Following discussion by the Council, Mr. Kinley was instructed to
prepare an amendment to the ordinance which would include paddle tennis
courts for presentation at the next meeting.
MAPS ON COUNCIL CHAMBER WALL
1615
Councilman Crocker said an allocation had been included in the
budget for a large map of the City to be placed on the wall of the
Council chamber, and he asked that the map be provided as soon as
possible. The Manager regorted that a lighted map would be installed
in the near future.
RTD MEETING 1626
Councilwoman Swanson reported that a meeting of representatives of
the press, school board, library district, League of Women Voters, May-
ors'of the Peninsula cities and various public agencies with represent-
atives of the Rapid Transit District would be held in the Rolling Hills
Administration Building on Thursday, -,December 9 at 7:30 P.M. for the
purpose of discussing possible improvements in bus service. An attempt
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November 22.; 1976
will be made to coordinate-the.RTD bus schedules with school hours, and
to provide other services in an effort to increase use of bus lines, in
an effort to eliminate the possibility that bus service on the Peninsula
would be terminated because of'non-use.
CITY SELECTION COMMITTEE 1675
Councilwoman Swanson reported that at the next meeting of the City
Selection Committee two appointments will be presented for vote: the
Coastal Commission appointment and the City Transportation appointment.
Councilwoman Swanson moved that the City of Rolling Hills endorse
appointment of Hank Doerfling, Hermosa Beach City Councilman to the
Coastal Commission, and reported that he has been endorsed by the South
Bay Cities. The motion was seconded by Councilman Heinsheimer and car-
ried by the following roll call vote:
st AYES: Councilmembers Crocker Heinsheimer, Pernell Swanson
�1 f f 9
Ce Mayor Rose
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NOES: None
ABSENT: None
Councilwoman Swanson reported that the South Bay Cities Associa-
tion endorsed Ed Russ. Mayor of Gardena for appo-intment to the County
Transportation Committee, and asked that the Contract Cities support
the endorsement. ,John Zimmerman of Norwalk was endorsed by Contract
Cities as the second appointee, since two were needed. Councilwoman
'Swanson said other candidates would be presented at the meeting of the
City Selection Committee, and she asked authorization by the Council
to vote for Ed Russ-- and to use her discretion in voting for another
appointee after she had an opportunity to hear the other candidates
A motion to so authorize Councilwoman Swanson was made by Councilman
Pernell, seconded by Councilman Crocker and carrted-by-the following.,.,,
roll call vote:
AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson
Mayor Rose
NOES: None
ABSENT: None
CITY STATIONERY 1746'
Councilwoman Swanson presented an estimate for City letterhead
printed with the names of the City Council,..and suggested that the
stock on hand be re -run; one ream at a time, to show the appropriate
City officers. The Manager was authorized to proceed with having the
stationery re -printed, with some of the letterhead distributed to each
member of the Council.
OFFICE IN ADMINISTRATION BUILDING
1756
Councilwoman Swanson said she wishes to be available to residents
and the public, and she plans to have office -hours in the Council
Chamber one day a week. She asked that an expenditurefor a telephone
jack be approved.
The Manager was authorized to arrange for installation of a phone
,hack in the Council Chambers, to be tied in with existing. telephones
in the City Hallo
3
GRADED AREA IN PORTUGUESE BEND
November -22, 1976
1783.
Councilman Pernell said that while on a field trip to the Burke
property at 33 Crest Road East, the Council had noticed a large graded
area running west to east in a downhill direction in the Portuguese Bend
area of the Peninsula, and he asked the Manager to attempt to determine
what the grading or discing represents, and report to the Council at the
next meeting.
CONFLICT OF INTEREST CODE
1797
The City Attorney reported that the Planning Commission had adopted
the Conflict of Interest Code, and would file Conflict of Interest
Statements with the City Clerk.
ADJOURNMENT
1805
There being no further business to come before the Council, the
Mayor adjourned the meeting at 11:55 P.M.
APPROVED:
Mayor
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