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2/28/1977982 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 28, 1977 A regular meeting of the City Council was called to order by Mayor Rose at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California at 7:30 P,M, Monday, February 28, 1977, ROLL CALL PRESENT: ABSENT: ALSO PRESENT: APPROVAL OF MINUTES Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose None Teena Clifton William Rinley June Cunningham Hugh Ralston Ted Bear Mr. & Mrs. Wm. Davisson Mrs. Evelyn Hankins Mrs. Ginny Leeuwenburgh Dr. Sam Wolinsky City Manager City Attorney Secretary Palos Verdes Newspaper Residents Councilman Crocker requested that the minutes of the meeting of February 14, 1977 be corrected to include the City Attorney's advice regarding adopting guidelines for tennis courts. The minutes were approved and accepted subject to correction on a motion by Councilman Crocker, seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None PALOS VERDES UNIFIED SCHOOL DISTRICT 115 Mayor Rose said he asked that the matter be returned to the agenda in response to concern expressed by the Mayor of Rolling Hills Estates and other persons about the lack of action by the Rolling Hills City Council regarding the Palos Verdes Faculty Association's negotiation proposals. At the meeting on February 14 the matter was discussed and the Council declined to act on a matter which they felt should be decided by their constituency rather than take a position on a political issue. Mayor Rose said he wished to suggest that Council members could show their support of the School District by participating in a joint letter to the Board. A draft letter prepared by Councilwoman Swanson was presented to the Council for review. Councilwoman Swanson asked that the Council send that letter or a similar letter to the School Board, Councilman Pernell said he thought the Council should refrain from entering into any labor negotiations such as School District or Rapid Transit,District wage discussions. Councilman Crocker suggested that since elected officials may not wish to get into labor negotiations the Council could write a.lettet objecting to any action which would result in increased taxes. Councilman Heinsheimer suggested that members of the.Council who wish to do so should write letters as February 28, 1977 individuals and tax payers, Councilwoman Swanson said it was her opinion that the Council., a's leaders of the Community, should take a stand on matters which affect the residents. She said all other cities on the Peninsula supported the School Board in letters. Councilman Crocker agreed with Councilman Heinsheimer that Council members could write a letter of 'support as citizens, if they wished o do so, Mrs. Evelyn Hankins, 4 Spur Lane, said she felt that absence of letter from Rolling Hills, when the three other Peninsula cities sent letters of support to the School Board, indicates that the Council did not represent its constituency by supporting the School Board. She urged the Council to write a letter of support as part of a unified Peninsula community. Mayor Rose said that the community has not been polled, and the Council has declined to act on all issues which have political over- tones, and he felt that it was appropriate at this time, since members 70�of the Council could act as individuals and as members of the Com- munity. In the absence of a motion, Mayor Rose declared the matter closed. TRAFFIC STt1Dy 185 A letter dated February 15, 1977 from Harry Peacock, Manager of Rolling Hills Estates, was presented to the Council. Mr. Peacock advised that the Traffic Committee has recommended that the Rolling Hills Estates City Council authorize a study of the intersection of Palos Verdes Drive North with Portuguese Bend Road and Rolling Hills Road to make it fully actuated, including the cost to make a change- over, as well as how the signal would intertie with a signal at the Dapplegray School, In the meantime, the Traffic Committee has sug- gested that the Council authorize modification of the signal as rec- commended by Mr. Tom Brohard, Los Angeles County Road Department. The matter was held on the agenda for additional information, TENTATIVE TRACT 31714, RAPdCHO PALOS VERDES 220 The Manager advised that no new information on the tract was available, and asked that the matter be held on the agenda, The Mayor so ordered. RANCHO PALOS VERDES - EIR #10 225 Mrs. Clifton reported that additional copies of the Environmental Impact Report for the projected development on Crest Road in Rancho Palos Verdes in the vicinity of the South Cate were distributed to members of the Council.. Mrs. Clifton and Councilwoman Swanson made a field trip to the site, and the Manager asked that the Council also �.:omment on -he proposed development, so their coim�ients could be sent to Rancho Palos Verdes without delay. A map of the area was displayed, Mayor Rose said he is concerned about the density as shown on the map, and he sa-.d that he had determined from the EIR that some of the lots are only 6,000 square feet. Mrs. Clifton explained that it is a planned cluster -type development, and much of the acreage will not be used, The EIR indicates that of the total 61 acres in the parcel, 78 homes will be constructed on 27 acres, with the balance reserved as green area. Mr. Meurer said other lots in the project will be 12,000 to 15,000 square feet.. Mrs. Clifton said there will be approximately 400 feet between the single access road to the project and the closed South Cate�to the City of Rolling Hills. Councilman Crocker said he felt the EIR was not spe- cific in stating that the South Cate is closed, Councilwoman Swanson -2- 4 February 28, 1977 said that although response time for emergency vehicles is given with access through Rolling Hills, she felt that the report did state that Crest Road north of the project was closed to vehicular traffic. Councilman Heinsheimer said that to eliminate any misunderstanding, there should be a statement that Crest Road "dead ends" north of the project. Councilwoman Swanson said she thought the Council should respond to a statement on page 4-1 which states that "access to the private gate across Crest Road will not be impeded" since it is in conflict with a statement earlier in the report that Crest Road north of the project would be closed. Mayor Rose agreed that the second statement does suggest that the road is open, Further, he said that Rolling Hills is north and west of the project, so the statement about "north" might not apply wholly to the City, Councilwoman Swanson said the report states that the Radar Station is west of the project, so Rolling Hills would be west, also. Councilwoman Swanson said the projected occupancy will be 275 people, including 90 children, and only one entrance to the project is shown; all roads within the development end in cul de sacs. She said she was concerned about the single access in the event of fire or any other emergency, Councilman Crocker said such planned unit developments are designed to provide green belts and keep the surround- ing area ecologically intact. Mr. Ted Bear, 5 Wagon Lane, said it appears that the cluster development would require a minimum of gra- ding. Mr. Bear suggested that if the Board of Directors intends to keep the South Gate, an agreement could be recorded in perpetuity so that pressure could not be brought in the future to force opening the gate for public access. Mr. Kinley said it would be necessary for the subdivider to make it a covenant that there would not at any time be access, if the Board wishes the assurance. Mayor Rose said the matter before the Council is the question of cluster development versus a more spread out concept, and as a neigh- boring City, opinions could be expressed, He said he is concerned that if such a cluster development were approved for property west of Rolling Hills owned by St. John Fisher Church, Rolling Hills could be surrounded by high density developments. Councilwoman Swanson said the visual aspect would have the least impact on Rolling Hills; adverse effects would be caused by other aspects of the high density. Councilman Crocker asked about the density of other areas which surround Rolling Hills, Mr, Meurer said the average density is 2 - 3 units per acre. In the project under consideration 78 detached homes are planned on 27 acres, an average of three per acre, but under the cluster development concept there would more realistically be six units per acre, with relatively large areas undeveloped, as some sites are only 7,000 square feet, while other sites are as large as 20,000 square feet because of the terrain. Councilman Heinsheimer suggested that comments of the Council regarding the limited access provided by only one road, as well as other safety considerations be sent to Rancho Palos Verdes for their consideration. Further, he suggested that the letter advise that the Rolling Hills City Council has declined to comment on density, but lack of comment does not imply approval, Councilwoman Swanson said it is her opinion that if there is a concern about density, the concern should be expressed to Rancho Palos Verdes. Mrs. Clifton said a letter would be written promptly. FINAL MAP, TRACT 30345, DR.- JERRY GREENHUT 350 The Manager advised the Council that Mr. Meurer has the final map for Tract 30345, but has not obtained the letter from the County Engineer recommending that the Council approve the map. In addition, a letter regarding the easement ha,i not leen obtained from the new owner of property adjacent to the Greenhut subdivision. Mr. Kinley -3- February 28, 1977 advised the Council that he has not seen the map. Mayor Rose directed that the matter be held for consideration at an adjourned meeting of the Council in view of hardships encount- ered in the final stages. The Mayor announced that .the adjourned meeting would be held on Monday, March 7, 1977 at 7030 P.M. UNDERGROUND UTILITIES PROJECT, QUAIL RIDGE ROAD NORTH 402 A letter dated February 16, 1977 from Mrs. Grace Sollima advised that an underground project on property at 8 Quail Ridge Road North has been completed. Mrs. Sollima requested reimbursement in the amount of $500 from the City for the project. Councilman Crocker said the reimbursement for undergrounding does not apply to new construction, and requests for financial assist- ance should be made.in advance, so the Planning Commission can review the plans and make a recommendation to the Council. Further, after �. studying the sketch submitted, it was determined that poles were moved, not removed, although power lines between the poles were eliminated. The Mayor directed that a letter be sent to the Sollimas explain- ing the procedures required by the Council, and advising that reimburse- ment is not made to residents who are required to install underground utilities as a condition of subdividing property or obtaining a build- ing permit, but as an incentive to encourage residents to remove un- sightly poles and install underground utilities throughout the City. CALIFORNIA CONTRACT CITIES LIABILITY INSURANCE PROPOSAL 442 The Manager reported that on Wednesday, February 23 she attended a meeting sponsored by the California Contract Cities Association to discuss preliminary results of a feasibility study on liability in- surance pooling. Mrs. Clifton recommended that the Council authorize - participation in a Joint Power Authority consisting of cities which are considering participating as members of that Authority. The Joint Powers Authority will review and make final decisions on the plan with regard to premium rates and other aspects of the proposed programs The total fee at this time will be $50 to assist in drawing up the inform- ation. Councilman Pernell moved that the Council approve participation in the Joint Powers Agreement. Councilman Crocker seconded the motion for purposes of discussion, and said the Council could control the kinds of liabilities in the City by joining such a joint power author- ity, rather than trying to self -insure, or by joining in a state-wide pool, with a lot of cities whose liabilities could not be controlled. The motion to participate in the study was carried by the follow- ing roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson Mayor Rose NOES: None ABSENT: None 0 Councilman Heinsheimer moved that Councilman Crocker be appointed to the Joint Powers Authority. Councilman Crocker seconded the motion and said he wished to ask Councilwoman Swanson to act as alternate in the event he was unable to attend. Councilwoman Swanson agreed, and the motion was carried unanimously. !LAN SCAG GENERAL ASSEMBLY February 28, 1977 Ml Mrs. Clifton announced that the Southern California Association of Governments General Assembly will be held March 9, 1977 at the Huntington Sheraton Hotel in Pasadena. She asked that members of the Council who wish to attend advise her so reservations can be made. SOUTH BAY CITIES ASSOCIATION 471 A letter dated February 11, 1977 from Paul Peppard, President of South Bay Cities Association was presented, Mr. Peppard advised that proposals for conducting a study regarding formation of a South Bay County had been solicited from area colleges. After review of the proposals at the January mePt.ing, it was the consensus of those present that a letter be sent on behalf of the Association to member cities to determine whether there would be interest in pursuing such a study, and the level of financial commitment necessary to conduct the study. Councilman Heinsheimer said that in view of results of the recent election results regarding formation of Canyon County, he felt that such efforts directed at forming new counties were diverting attention from the real problem, Councilwoman Swanson said that she had attended the South Bay Cities Association meeting as representative of the Rolling Hills City Council. Several member cities have indicated that they want a study made. Dominguez College has offered to make a study for $10,000. It was the opinion of member cities that a more thorough study could be made by E1 Camino College in six to nine months for $6,000 to $9,000° Assessments for individual cities participating in the study have not been determined. A petition of residents in favor of forming a new county can be pursued without a study, Coun- cilwoman Swanson said, and she said, also, that Palos Verdes Estates will not participate in the study, since they have alrea.d obtained many signatures on a petition in favor of a new county. Councilman Heinsheimer said he thought the letter from Mr. Peppard should be answered. Councilman Pernell moved that on the basis of results of the election to form a new county to be known as Canyon County, the Rolling Hills City Council should decline to participate in a study on the feasibility of forming a new South Bay County, and that the South Bay Cities Association be so advised. 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 RIDING RING, LOT 7, 24 BUGGY WHIP DRIVE 520 Copies of a letter dated February 16 from Hix and Hix to Meurer Engineering, and a letter dated February 17 from Meurer Engineering to theCity of Rolling Hills concerning payment of charges for work done on Lot 7, a lot with a riding ring which was deeded to the City of Rolling Hills by Mr. Hix, were presented to the City Council. Mr. Meurer advised that he is making claim on the cash deposit made to the City by Mr. Hix for completion of requirements imposed as a condition of approval of the subdivision. Further, Mr. Meurer advised that he would agree to prepare an As -Built grading plan for County approval purposes at a cost not to exceed $8000 -5- February 28, 1977 The Manager advised the Council that geology for the ring has not been approved, and As -Built drawings are necessary for approval of the geology. Mr. Kinley said that until such time as the geology is approved by the County, any monies deposited must remain with the City, and claims will be held in abeyance. Councilman Crocker said the property was a gift to the City, and the Cityis not required to pay any of the fees incurred. He asked whether any of the lots could be sold before the matter is settled. The Manager said that Mr. Meurer contends that Lot 7, which has been deeded to the City, has been severed from the rest of the subdivision. However, the Manager said that no building permits can be issued until bonds on the property have been released, Mr. Kinley said there is sufficient money posted to guarantee completion of improvements imposed as a condition of ap- proval'of the subdivision, and if necessary, the City is in a position to hire an engineer to prepare As -Built drawings. Councilman Crocker suggested that Mr. Hix be notified that he is required to furnish As Built drawings, and if he fails to do so,.the City will hire an engin- eer, using funds deposited by Mr. Hix. - The matter was removed from the agenda until further information is presented.to the Council, PROPOSED GUIDELINES FOR TENNIS COURTS 571 A list of properties in Rolling Hills which are bisected by roads, as requested by the City Council at the meeting of February 14, was presented. The Mayor noted that there are 2a such properties, The City Attorney presented a letter dated February 23 from Dr. David Bray, requesting that guidelines prepared by the Planning Com- mission be marked to indicate which of'the guidelines already exist; also other existing ordinances which pertain to the building of private tennis courts. Mayor Rose directed that the matter be scheduled for discussion at the adjourned meeting on March 7. Mr, Meurer said the Tennis Club will meet on March 8 to consider the guidelines. Councilman Pernell said he wished to know how much property was on the portion of land not occupied by the residence. The Manager said she would have the computations for the adjourned meeting. DRAINAGE, DR. SAM WOLINSKY PROPERTY, REATA LANE 603 Mr. Kinley distributed copies of his- opinion about Surface Water .on the Wolinsky Property (Lots 22B and 17A, Tract 19040, Georgeff Ranchos) as requested by the Council at the February 14 meeting. Mr. Kinley advised that Dr. Wolinsky is the owner of the lots. His residence is on Lot 22-B on Reata Lane, a road which extends easterly and northerly from Georgeff Road, and ends in a cul de sac facing generally in a northerly direction. Access to the residence is via the cul de sato With the approval of the Rolling Hills Com- munity Association, Dr. Wolinsky constructed a large stable and cor- ral on a portion of Lot 17-A, which is located along the northwesterly boundary of Lot 22 -Bo. There is no access from Lot 17-A to Reata Lane, and Dr. Wolinsky is using an unimproved hard-6{lkfaced dirt road which was constructed by unknown individuals and extends generally north- westerly from Lot 17-A to Poppy Trail Road, and is not part of the Rolling Hills Community Association's road system. Dro Wolinsky ex- hibited pictures which show a deep ditch on his property which extends along the southwesterly side of this road, Both Wolinsky lots have an easement 25 feet in width extending along the northeasterly boundary. Immediately adjacent to the boundary along the southeasterly. boundary of Lot 8 of Poppy Trail and Lots 22 and 23 of Tract 19040 there is an easement 75 feet in width. February 28, 1977 Mr. Kinley stated that he personally viewed the lower portion of Lot 17-A from the unimproved road at the bottom of the slope, and also viewed Lots 17-A and Lot 22-B from Reata Lane, which is higher in ele- vation. It appeared that the natural flow of surface water would be from Crest Road generally in a northerly direction down Georgeff Road and easterly and northerly down Reata Lane, and from there the water would flow across the property owned by Dr. Wolinsky and the property located immediately adjacent on the east. The Los Angeles County Flood Control District installed a flood control apparatus at the end of Reata Lane early in 1967, prior to construction of the Wolinsky home. The apparatus diverts the flow of water away from the Wolinsky property and easterly of the Wolinsky corral and terminates on the hillside below the Wolinsky residence, then flows down what appears to be a natural drainage course to the bottom of the canyon where it is obstructed by the unimproved road. As a result, it turns and flows in a generally northwesterly direction along the southwesterly side of the unimproved road to a natural catch basin at the foot of the slope. Pictures of the open ditch which Dr. Wolinsky exhibited to the Council are of this area, and appear to have been caused by a turn in the road which causes the water to cut into the bank of the unimproved road at this point. As a result there is a ditch about six to six and one half feet deep, and approximately three to four feet wide. Prior to installation of the drain by the Flood Control District, the surface water flowed over Lot 22-B at about the point of the Wolinsky's existing house pad, and installation of the drain made it possible for him to construct his residence in its present location. Further, Mr. Kinley said he was advised by the City Manager that the unimproved dirt road and the ditch along its south- westerly boundary are all located on Dr. Wolinsky's property, and Dr. Wolinsky and other owners of land in the area have used the unimproved road as ingress and egress to the back portions of their properties. Mr. Kinley said there is a legal question as to whether or not the City of Rolling Hills has any liability to Dr. Wolinsky because of the location of the apparatus installed by the Flood Control Dis- trict, the design of which was furnished and approved by the City of Rolling Hills, and also as to whether or not the surface water drain- ing from Crest Road is following a natural drainage course down Reata Lane and into the canyon on the Wolinsky property. The City Attorney said further the City's liability will be tested by the reasonableness of the Flood Control apparatus which was installed by the Flood Control District in 1967,'and Dr. Wolinsky's actions-iri attempting to'divert water from this Flood Control apparatus running alongside his private road. If it is assumed that the apparatus as installed by the Flood Control District was not negligently installed and that surface water coming from this drainage pipe would have followed one of the natural drainage channels extending northerly or northeasterly to Poppy Trail drainage ditch, Mr. Kinley said he is of the opinion that the Flood Control District acted reasonably. Dr. Wolinsky's only action was to fill holes created by the flow of surface water after the erosion occurred. He did not take affirmative steps to divert water so it would flow across the unimproved dirt road and into the drainage course which flows into Poppy Trail drainage ditch. Mr. Kinley said it is his opinion that Dr. Wolinsky has not acted reasonably in his efforts to protect his property from erosion by flow of surface water. It appears from the facts that the surface water in its natural course has been interfered with by construction of the unimproved dirt road which is used by Dr. Wolinsky to provide ingress and egress to Lot 17A where his barn and corral are constructed. Mr. Kinley said it would be unreasonable to compel the City to correct a surface water erosion problem which was caused at least partially if not entirely by the owner of the property. If the road as it now exists was never a dam or block in the natural flow of surface water, then the surface water is following its natural drainage course alongside the road, and the -7- nJ February 28, 1977 and the erosion complained of was caused primarily by the widening of that road and the failure of the builders thereof to take neces- sary precautionary steps to provide a proper system of drains down the southwesterly side of the road to prevent it from eroding the banks. Under the circumstances, Mr. Kinley said he does not believe the City of Rolling Hills is liable for the erosion of which Dr. Wolinsky. complains. Further, Mr. Kinley said it is necessary that it be established by competent -professional opinion whether or not the apparatus which was constructed by the Los Angeles Flood Control District at the end of Reata Lane was constructed negligently and in such manner that it caused the damage of which Dr. Wolinsky complains. However, it should be kept in mind that Dr. Wolinsky does not complain about erosion of his property at or near the point where the water flows out of the pipe onto the dissipator or rip rap, but rather about the erosion of his property which occurs along the southwesterly edge of his road, O:- which again raises the question as to whether or not the road was in its present location and present condition in 1967 when the Flood Control District installed its apparatus. If the road was subsequent- ly constructed or so improved as to cause the natural flow of surface water to be diverted down the southwesterly edge of the unimproved road on the Wolinsky property, there is a possibility that there is intervening cause which might substantially diminish or totally eradi- cate the damage caused by the negligent construction of the Flood Control District's apparatus. In view of the unknowns which exist in the situation, Mr. Kinley said it is not possible to give a clear cut opinion as to what the City's liabilities and obligations are until the unknowns are resolved. Further, Mr. Kinley said an alternative solution to the matter lies in the prescriptive rights of the owners of real property higher in elevation than the Wolinsky property, and also the City of Rolling Hills, as water has been draining down from Crest Road along Georgeff Road into Reata Lane and off the end of Reata Lane since 1967, and therefore it is possible that all parties now have a prescriptive right across the Wolinsky property and there- fore the property is subjective to that servitude, and Dr. Wolinsky has no damage claim against either the City of the owners of higher. land. Councilman Crocker said it is his opinion that Dr. Wolinsky has acted reasonably to solve the problem, since he acted to fill in the ditch to eliminate the hazard. Councilman Crocker suggested that an engineer be asked to give an opinion on the construction of the dissi- pater. Mayor Rose said he agreed with the suggestion, because as he understands Mr. Kinley's opinion, the only way the City can become involved is if an engineer says there is negligence in construction of the dissipator, and the City has a duty to resolve it. Councilwoman Swanson said that when a building permit for a barn is approved, the applicant must demonstrate that there is access to it. She asked Dr. Wolinsky whether the road was constructed as an access to the barn on Lot 17-A. Dr. Wolinsky said the road was there when he purchased the property, and access was granted through the deed to the property. Further, he said the erosion to the present extent was not there when he purchased the property, and it is his opinion that it has increased this year. Dr. Wolinsky said he does not agree that it is a natural drainage course; natural drainage would go down Georgeff Road, not Reata Lane. He said that the roads act as a conduit for the water going down Reata Lane, resulting in drainage from a large area going through that conduit, causing damage to his property. Councilman Pernell said that since the City submitted plans for the project to the Flood Control District and the plans were approved, the Council should assume that the work was done correctly unless kr' -8- 9,41 February 28, 1977 evidence is presented showing that the work was not done properly. Councilman Heinsheimer said the City would have an obligation if there was a demonstration of negligence in the construction, but the burden of proof is not on the Council, so the Council should not hire an engineer. He said he considers it the obligation of the person claiming damage to hire professional assistance. Unless it is a matter which would affect public health and safety, Council- man Heinsheimer said public money should not be used to solve the problem. Councilman Crocker said an alternative proposed by Dr. Wolinsky to install a drain under the road would result in damage to an existing trail. :. Councilwoman Swanson said rocks placed as a rip rap have moved and disappeared, and the energy dissipater is no longer effective. Councilman Crocker urged the Council to hire an engineer to advise them on the appropriate way to dispose of the water. Councilman Heinsheimer said it seems to be a maintenance problem, since rocks were not replaced as they were moved by the force of the water. Mayor Rose said there could be a question about whether the project was properly engineered and built, if it lasted less than ten years. Mr. Kinley said it would require an expert opinion to determine the adequacy of the construction. ThP Manager requested authorization from the Council to write to Mr. Bruington of the Flood Control District and request that the rip rap be replaced, and also request a written review of the problem and what they intend to do about it. Mrs. Clifton said her letter would refer only to the dissipator installed by the Flood Control District, not the entire problem of erosion on private property. The Mayor authorized the Manager to write the letter. Dr. Wolinsky said he is concerned about erosion on his hillside, as well as erosion alongside his road. Further, he said he is more concerned about danger to life and limbthan about damage to property. Mayor Rose said he considers it the obligation of the Council to accept the legal opinion of the City Attorney, which in effect states that Mr. Kinley knows the law, but needs additional technical assist- ance from a hydrology expert before giving a final decision on the matter. Councilman Crocker suggested that the Council hire a quali- fied person to assist Mr. Kinley, and he asked that information regarding the cost of such services be presented at the next meeting. The matter was held on the agenda. EARLY DEPARTURE FROM MEETING Mayor Rose asked Mayor pro tem Crocker to take over the meeting, and asked to be excused because of illness. RANCHO PALOS VERDES TENTATIVE TRACT 33358 855 Mrs. Clifton reported that the tentative map for a proposed development of property at Palos Verdes Drive South at Seahill Drive was given to Councilwoman Swanson for review. PAYMENT OF BILLS :.1 Councilman Heinsheimer moved that Demands No. 5992 through 6012 in the amount of $4,391.03 be approved for payment from the General Fund. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell NOES- None ABSENT- Councilwoman Swanson, Mayor Rose W C1 February 28, 1977 PROPOSED ANIMAL CONTROL JOINT POWERS AGREEMENT 870 Mrs. Clifton reported that representatives of several cities have been meeting on a Joint Powers Agreement for Animal Control, and have been relaying information in order to complete a ieport by March 1. - The Manager said she would keep the Council informed on their progress. DEPARTMENT -OF TRANSPORTATION 875 The Manager advised the Council that FA -U funds totalling $18,700".. were accrued to Rolling Hills in 1976. It -is Mrs. Clifton's recom- mendation that the funds be allocated to Rolling Hills Estates for improvement of facilities in the Main Gate/Palos Verdes Drive North area, and to Rancho Palos Verdes.for paving and improving the section of Crest Road between the Crenshaw Gate and Crenshaw Boulevard. Coun- cilman Pernell said he wished consideration of an additional right turn lane on Eastfield Drive at Palos Verdes- Drive East. Mrs. Clifton said she would look into the matter to determine whether there is ample room. DISCLOSURE OF ASSETS STATEMENTS 890 The Manager advised the Council that the deadline for filing annual Disclosure of Financial Interest Statements is April 1, 1977. Copies of the proper form and instructions for filing were distributed. FINANCIAL STATEMENTS 910 Councilman Pernell moved that the Financial Statement for December 1976 be approved and accepted.. The motion -was seconded by Councilman Crocker and carried by the following roll call vote- AYES- Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES- None ABSENT- Mayor Rose Councilman Pernell moved that the Financial Statement for January 1977 be approved and accepted. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES- None ABSENT- Mayor Rose RESOLUTION, CITY OF RANCHO PALOS VERDES 926 A resolution of the City Council of -the -City of Rancho Palos Verdes Supporting the Establishment of a South Bay Transit System was presented to the Council. Councilwoman Swanson said community repre- sentatives are trying desperately to generate interest in the Rapid Transit District service on the Peninsula. "Although "ridership has'in- creased; ,Councilwoman -Swanson said -the present transit system is not being fully -utilized, A committee_consisting of :Community representatives is working-on.utilizing the present RTD system, "and Councilwoman --Swanson recommended that in view -61 -the' -se efforts, a new South Bay transit system would not be�advisable.at_this time. She recommended thaa t no ction be taken until Phase. II 'o -f- the Steering` Committee has been- reviewed- and implemented.. Councilwoman'Swanson said that with the consent of the Council she would -so advise the City of Rancho Palos Verdes. Members of the Council agreed, and the matter was removed from the agenda. SOUTH -BAY CORRIDOR STUDY m _ _ _ -940 Councilwoman Swanson said the Steering Committee of the South Bay -10- 2'92, February 28, 1977 Corridor Study will meet at Fillipones Restaurant on March 2, and she urged other members of the Council to attend if possible. Council- woman Swanson said she would attend the meeting. ORDINANCE NO. 148 957 Councilman Heinsheimer moved that Ordinance No. 148 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALI- FORNIA APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY COMMONLY DESIGNATED AND REFERRED TO AS THE "CRENSHAW GATE ANNEXATION" TO THE CITY OF ROLLING HILLS be adopted, and that reading in full be waived. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES: None ABSENT: Mayor Rose RESOLUTION ADOPTING SPECIFICATIONS FOR PUBLIC WORKS 962 Mr. Kinley advised the Council that he would prepare a resolution adopting the 1976 Edition of Standard Specifications for Public Works for presentation at the next meeting. The matter was held on the agenda. LETTERS TO RESIDENTS RE: DOGS 966 Mr. Kinley reported that he had written letters to residents who have not licensed their dogs as required by Ordinance No. 136, and to residents who own more than three dogs, in violation of Ordinance No. 143. The City Attorney said he asked the cooperation of the residents, and advised that unless they comply with the effective sections of the ordinance within 15 days of the date of the letter, the City would take the necessary steps to bring about compliance. Mr. Kinley said he urged cooperation, rather than litigation. LETTER FROM ROBERT SIZE Councilwoman Swanson advised the Council that Mrs. Robert Size of 2862 Palos Verdes Drive North visited her at the City Hall and delivered a letter dated February 25 from Mr. Size in reply to a letter from Mr. Kinley advising that they were in violation of Ordinance No. 136, licens- ing of dogs. Mr. Size explained that he entered into escrow to sell his home, and at that time gave his dog away. Subsequently the escrow did not close, and when the Sizes realized that they would remain in Roll- ing Hills, they regained ownership of the dog and attempted to license it at the City Hall, but were told that they would have to pay a penal- ty, since the period for licensing had expired. Mr. Size appealed to the Council to waive the penalty in view of the circumstances, stating that he did not have possession of the dog during the time the house was in escrow. The Council agreed that in light of the circumstances the penal- ty should be waived, and a license should'be issued to Mr. and Mrs. Size upon payment of the regular fee and submittal of the rabies vaccination certificate. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 112 1027 Councilman Heinsheimer moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING ORDI- NANCE NO. 33 ENTITLED "AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR ZONING IN SAID CITY" be introduced, and that reading in full be waived. The motion was seconded by Councilman -11- February 28, 1977 Pernell and carried by the following roll call voted AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES: None ABSENT: Mayor Rose Mr. Kinley advised that adoption of the ordinance would remove requirements for a conditional use permit for swimming pools, outdoor whirlpool baths or jetpools from Ordinance No. 112 and would make them part of Section 3.01, Uses Permitted, of the proposed ordinance. Councilwoman Swanson asked whether it would be advisable for the Council to consider rescinding Ordinance No. 112 since uses permitted under Section 2.06 of Ordinance No. 33 does not include tennis courts as a permitted use, and application of that section would require that OG a conditional permit be issued before a tennis court could be built. C9^., Mr. Kinley said that under a variance procedure which would be required by Section 2.06 of Ordinance No. 33, the Council would encounter the ._ same difficulties, since guidelines would also be necessary. Mr. Kinley recommended that with regard to tennis courts, the Council should continue to operate under the requirements of Ordinance No. 112. PROPOSED ORDINANCE, DISORDERLY CONDUCT 1076 Mr. Kinley reported that he submitted a proposed ordinance for eliminating unauthorized entry to the City of Rolling Hills to the Sheriff for review and recommendation. Mrs.. Clifton said Lieutenant Walter Thurner of the Sheriff's Lomita Station called her and said the Sheriff's Department had approved the proposed ordinance and recommended adoption. Mr. Kinley said he would present the ordinance to the Council at the next meeting. DONALD GALES RE: SOLAR ENERGY 1090 Copies of a letter dated February 24, 1977 to the Rolling Hills Community Association from Donald Gales, 19 Middleridge Lane North, urging that the City of Rolling Hills take advantage of solar energy and publically set an example for neighboring cities, was presented to the Council. The letter was received and filed. MRS. BARBARA MENOR RE: PERMIT FOR KEEPING CHIMPANZEES 1135 A letter dated February 28', 1977 from Mrs. Barbara Menor, 14 Crest Road West, requesting a permit from the Council for two .female chimp- anzees to be kept in a cage was presented to the Council. Mrs. Menor explained that the chimps are pets, have been featured in a family type film, and are visited by school children. Councilman Heinsheimer moved that the permit be granted. The motion was seconded by Councilman Crocker. Mrs.. Clifton reported that she has seen the cage for the animals, and,Mrs. Menor advised her that the cage would be kept in the garage. The Manager expressed concern about lack of a garage at the Menor residence, if the existing garage is used to house the animals. The motion to grant a permit under Artilce IX, Ordinance No. 136, Keeping Wild or Exotic Species, was carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer, Pernell, Swanson NOES: None ABSENT: Mayor Rose -12- 2�9 3 194 February 28, 1977 Following discussion of the matter, Councilman Pernell moved that the motion be amended to state that the Council retains the right to rescind the permit if any complaints are received about the animals or their quarters. The motion was seconded by Councilman Crocker for pur- poses of discussion. Following the discussion, Councilman Pernell moved that a decision on the matter be postponed until the next meeting, to allow sufficient time for the Manager to inspect the premises and cage, and also ask the Health Department to check the premises and make a report. The motion was seconded by Councilwoman Swanson and was carried by the following roll call vote: AYES: Councilmembers Crocker, Pernell, Swanson NOES: Councilman Heinsheimer ABSENT: Mayor Rose SWIMMING POOL, 1 RUNNINGBRAND ROAD 1110 Mrs. Clifton advised that additional problems have developed on the Major Langer property at 1 Runningbrand Road. Mr. Langer advised the Council at a recent meeting that he had partially filled the pool and had covered it with plastic to eliminate breeding of mosquito larvae. A resident in the area has advised the Manager that young people equipped with shovels and buckets have been emptying the pool for use as a skateboarding facility. Mrs. Clifton said she reported the matter to Mr. Langer, and he said he plans to start reconstruction of the property in approximately six months, and wishes to retain the pool as part of the future de- velopment. The Manager sent a copy of a letter from Palos Verdes Pool Company to other residents in the area, making recommendations for preserving the pool for future use to Mr. Langer for his consid- eration. RE -NUMBERING BUGGY WHIP DRIVE 1199 The Manager advised the Council that plans have been submitted for a new residence on a portion of a lot recently subdivided. The original property was on Crest Road, but the new parcel will take access from Buggy Whip Road, and will require that the entire street be re -numbered, since the Jerry Webber property is currently #2 Buggy Whip Drive. Councilman Heinshiemer said that assigning the new parcel the address 0 Buggy Whip would eliminate the necessity of re -numbering all existing residences on Buggy Whip. The Council agreed with the recommendation. DONATION BY COUNCILMAN CROCKER 1216 The Manager reported that Councilman Crocker recently represent- ed the City of Rolling Hills at a meeting of the Los Angeles County Sanitation District, and had donated the $50 paid to him towards the purchase of a mannekin to be used in a training course to be given at the Rolling Hills City Hall. Mrs. Clifton explained that the Cardio -Pulmonary Resuscitation course will be given on the second And fourth Tuesdays of the month by Los Angeles County Fire Department ersonnel, and the total cost of the mannekin will be approximately 300. CITY ATTORNEY RE: MEETING IN SAN FRANCISCO 1271 Mr. Kinley advised the Council that he wished authorization to travel to San Francisco on Friday, March 4 to attend a panel dis- -13- February 28, 1977- cussion of four cases which have been decided by the Supreme Court of the State of California, since- he said the decisions: are vital to the interests of all cities. A motion to authorize expenditures not to exceed $10.0 for the purpose was made by Councilwoman Swanson, seconded by Councilman Pernell and carried by the following roll call vote: AYES: Councilmembers Crocker, Heinsheimer,. Pernell, Swanson NOES: None ABSENT: Mayor Rose RUBBISH FRANCHISE 1275 Councilman Pernell asked the Manager about the -status of the CC Rubbish Franchise. Mrs. Clifton said pertinent information has been c' copied, and a meeting will be scheduled in the near future to discuss C' a new agreement. 1Z ADJOURNMENT 1291 The meeting was adjourned to an Executive Session to discuss impending legislation at 10:40 P.M. The meeting was reconvened at 10:50 P.M. and was adjourned at 10:55 Porte to meet again on Monday, March 7, 1977 at 7:30 P.M. City Clef ) APPROVED: 0 0 'Mayor -14- 2�;9- 5"