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11/22/1976OC. cc cell 227 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 -2- 2 219 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. -3- '., o 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 -4- C� 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. -5- 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 C; 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 -7- 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 2 :-� .. 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 CC a� 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 -10- r City C1-1if J