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4/11/1977cc MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA April 11, 1977 A regular meeting of the City Council of the City of Rolling Hills was called to order at the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California by Mayor Crocker at 7:30 P.M. Monday, April 11, 1977. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: 3 1c'Y Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker Councilwoman Swanson Teena Clifton William Kinley June Cunningham Mrs. J. Biby Dr. David Bray John G. Davidson Mr. & Mrs. C. E. Gregory Alan Krauss Dr. John Linke Mrs. Ailsa Lyle Mrs. Joan Saffo Mrs. Nancy Slusher Charles Thornton Dr. Michael Weller APPROVAL OF MINUTES 1650 City Manager City Attorney Deputy City Clerk Residents The minutes of the meeting of March 28, 1977 were approved on a motion made by Councilman Heinsheimer, seconded by Councilman Rose and carried unanimously. PROPOSAL BY TENNIS CLUB FOR ADDITIONAL PUBLIC TENNIS COURTS 905 Dr. David Bray, president of the Tennis Club, presented a proposal for acquisition of additional land in the vicinity of the existing tennis courts for construction of four additional courts. Dr. Bray presented a map of Lot 25-RH, with a portion consisting of 1.24 acres shown containing four courts built on the portion of the property which now contains a riding ring. Dr. Bray said an engineering study of the property has been completed, and he ana Councilman Rose have met with Mr. and Mrs. Philip Ver Planck, owners of the property. Discussions of financing have also been held with members of the Tennis Club and Attorney William Kinley. It is the Tennis Club's wish to acquire the portion of the property which contains the ring, with the right of first refusal on the rest of the property, Dr. Bray said, and operating on that assumption, the Tennis Club obtained an MAI appraisal in November 1976 at a cost of $750, paid by the Tennis Club. Although there is no firm agreement with the Ver Plancks for sale of the property, the Tennis Club is attempting to negotiate a transferable option for sale of all or part of the property, which could be assumed by the City and/or Community Association. The proposals under consideration at this time are for the purchase of approximately 1.24 acres of the property for construction of the tennis courts, or purchase of the entire parcel consisting of 2.40 acres, including the residence, in the one acre zone. Councilman Heinsheimer said it was his understanding that the City would have to subdivide the property and change the zoning for that portion on which tennis courts would be built. In answer to a question by Maygr Crocker about the current zoning, and changing the zoning to a use which would ,-3-16 11, 1977 permit the use being considered, the City Attorney explained that it would be necessary for the Planning Commission to hold a public hearing on change of zone, and the deed restrictions of the Community Association would have to be amended to provide for a recreational facility on the property designated for a single family residential dwelling. Signatures of 70% of owners of property under Declaration of Restrictions No. 150 would be required, the Citi Attorney said. Dr. Bray explained that other properties in the City have been considered, and an attempt was made to have at least seven courts in one area, rather than have additional courts built in an area removed from the existing courts. Further, the Ver Plancks have indicated that it is their wish to sell the property for additional tennis courts only, and they would not be willing to sell it for an additional riding ring, Dr. Bray said the Ver Plancks were not willing to sell the portion of their property for the $80,000 estimated market value set by the MAI appraiser hired by the Tennis Club, and initially they agreed to obtain another MAI appraisal. Subsequently Mr. Ver Planck indicated that he considered $150,000 a fair price for the 1.24 acre parcel, including such intangibles as damages to the remainder of the property. Mrs. Ver Planck said she would prefer to sell the entire property, including the house, for $300,000 to $320,000. All discussions to date have been verbal, Dr. Bray said, and he has not been able to�obtain a commitment in writing from the Ver Plancks. Councilman Heinsheimer asked whether an Environmental Impact Report would be required, and the City Attorney said it would. An allocation for the EIR would be required in addition to minimal other costs to the City for staff work, public hearings and other necessary procedures in connection with a change of zone, Councilman Heinsheimer said, and he suggested that an additional $5,000 be allocated to cover the costs. He asked the City Attorney to advise the Council on methods for payment which they can consider. Mr. Kinley said the City could incur indebtedness for the cost of land and improvements; it would have to be put to a vote by the residents if more than one year was required to pay the debt off. Mayor Crocker said there are several options available, including using the existing reserve funds of both the City and Association, the Tennis Club's allocation in the current budget and the proposed allocation in next year's budget, with the existing 64G tax rate, to pay cash rather than incurring a debt. Another option would be to buy the land and wait until sufficient cash reserves have been accrued to proceed with development. A further option would be to increase the tax rate to $1.00, the Mayor said. Dr. Bray said the cost of con- struction of three lighted courts, including landscaping, would be approximately $100,000; each court would cost approximately $15,000; lights would cost approximately $3,000 to $4,000 additional, plus landscaping. Councilman Heinsheimer said that if the land were sub- divided and a portion acquired for the tennis courts, it might be possible to complete the entire project for approximately $200,000. Dr. Bray said it would not be possible if the Ver Plancks refused to sell less than the entire property. Councilman Heinsheiemr said the Tennis Club should proceed on their initial offer to the Ver Plancks for a portion of the property. Mayor Crocker asked the City Attorney to comment on condemnation proceedings. Mr. Kinley said the City could go into a condemnation suit, and also condemn the Community Association's deed restrictions. The appraised value of the property, determined by the Court, would be used. Councilman Pernell said he agreed with Councilman Heinsheimer that the Council should consider purchasing only a portion of the property for tennis courts. Mayor Cr6dker asked the Council to deter- mine by straw vote whether they should proceed with exploring the poS-_ sibilities; members-present_at__the meeting voted. -unanimously to proceed. -2- I. 317, April 11, 1977 Councilman Rose said the Council would have to decide what a reasonable price would be, since the Ver Plancks have indicated that they did not consider the market value established by the MAI apprai- ser sufficient. Further, the Council should determine whether the total property including the house would be desireable, or whether to continue to negotiate for sufficient land for four tennis courts, to be subdivided from the existing parcel. Because the appraisal was obtained in October 1976, it is logical to expect that the current price would.be a reasonable amount over the original estimate, but should not be double, Councilman Heinsheimer said. Dr. Bray said the Tennis Club would prefer all courts together, but other land is available, and they may decide to separate the courts if the price continues to escalate. Although the area being discussed is preferred because of climate and lack of wind and fog, there are certain disad- vantages, such as traffic exhaust fumes and traffic noise, Dr. Bray said. Councilman Pernell said there are many details to be taken care of in spite of the amount of work. already done, and he said the Council should enter the negotiations after details have been taken care of and an agreement is prepared. Mayor Crocker said the Budget LamV'. Committee plans to meet next week, and a preliminary plan should be ready for consideration. Councilman Heinsheimer suggested that the Council adopt a general policy of abiding by the original MAI appraisal with additional flexibility to the extent of 1o2X the original estimate, or approximately $100,000, unless there are mitigating circumstances which indicate that further negotiations should be considered. Mr. Ce Eo Gregory, 25 Caballeros Road, said that knowing the rate of escalation of local real estate prices, the Council should consider other advantages such as maintenance, control provided by proximity to the gate and guards, logistics of having all courts together, when considering fair value, since separation of the courts would incur additional costs. Mayor Crocker said he was of the opinion that negotiations should continue, and at the same time the Council should consider the best use of the property, and how a long-range acquisition and improvement should be handled with regard to fiscal policies and tax rates. Coun- cilman Rose said that in discussing the matter, Mrs. Ver Planck said they would not sell the property for any purpose other than tennis courts, as she does not wish to have additional horse facilities in the area. The Mayor suggested that the Council may wish to obtain an additional MAI appraisal, and an EIR should be prepared. Conditions of sale such as a stipulation that it was for tennis courts only could be made part of the escrow, Mayor Crocker said. Mr. Jack Davidson, member of the Board of Driectors of the Community Association, asked whether the 1.2 acres could be sold as a building site in the event that the City acquired it subject to the condition that it not be used for riding facilities, and subsequently the tennis courts were not built. Mr. Kinley said it could be sold as a building site, It is essential.for the Council to get together with the Community Associ- ation on the matter before completing negotiations to purchase the property because of deed restrictions, Mr. Kinley said. Councilman Heinsheimer moved that Councilman Rose be authorized to continue to negotiate with Dr. Bray and the Ver Plancks, using $100,000 as the price of negotiation, based on the appraised price of 80,000 plus allowance for escalation. The motion was seconded by Mayor Crocker, Dr. Michael Weller, 3 Flying Mane Road, said he thought the Tennis Club had done as much as possible, and it was time for the Council to enter into negotiations. Mayor Crocker said the Council would have a better idea after the budget meeting just what can be considered. The Mayor said the community should be given an opportunity to comment on usage of the land if purchased. Councilman Heinsheimer said the use should be decided before the land is purchased; Councilman Rose agreed. The Mayor directed that the residents be advised that the Council is -3- r- April 11, 1977 considering a major capital expenditure, and he directed that the subject be scheduled as an agenda item for the meeting on May 90 He asked that members of the Board of Directors of the Rolling Hills Community Association be invited to attend and participate in the discussion and consideration, since the decision will involve acqui- sition of a significant recreational facility for the community, and will be especially beneficial to children and young people. Council- man Pernell said more specific information on costs of construction should be available, so consideration can be given to whether to purchase the property and develop it fully, or whether some of the improvements should be delayed. Councilman Rose said residents should be heard on the matter, but the work already completed by the Tennis Club and the committee involved in the negotiations should be con- sidered. Councilman Heinsheimer said the discussion on May 9 should focus on the report and recommendations of the Tennis Club. Mayor Crocker thanked Dr. Bray for his presentation, and ordered the matter held for the May 9 meeting. PRELIMINARY BUDGET INFORMATION 1365 Mayor Crocker asked members of the Council to comment on prelim- inary budget information presented with regard to funds to be inclu- ded in the budget, allocation of expenses between the Community Association and the City, and the tax rate objectives, Councilman Rose said the City should attempt to hold to the current tax rate. Mayor Crocker suggested that the tax rate be considered in connection with other needs such as recreational facilities previously discussed. Councilman Rose suggested that the money left__in the,Underground Utility Fund be put into the General Ttmd; an&that $14,500 be included as a line item in the new budget. Councilmen Heinsheimer and Pernell agreed. Continuation of Sheriff's services at the present level, including participation in the B.A.T. program was approved by the Council. The Mayor said he was advised by the Manager that the allocation of expenses between the Community Associ- ation and the City is reviewed periodically, and is working satisfactorily. GUIDELINES FOR TENNIS COURTS 1480 On the advice of the City Attorney, Councilman Rose moved that the Council not adopt any guidelines for tennis courts, and he said his decision was based on the lack of flexibility which would result from such guidelines, Councilman Pernell seconded the motion. Mayor Crocker explained that when con- sidered initially, proposed guidelines were developed to eliminate concern in the community about arbitrary decisions regarding requests for tennis courts, After considering proposed guidelines prepared by the Planning Commission and Tennis Club, the City Attorney advised the Council that the guidelines would have to be adopted as part of the ordinance. The motion was carried on the following roll call vote: AYES- Councilmembers Heinsheimer, Pernell, Rose Mayor Crocker NOES- None ABSENT: Councilwoman Swanson EUCALYPTUS TREES 1513 Mrs. .loan Saffo said she has not completed a survey of dead and dying eucalyptus trees in the City, as requested by the Council, A report will be made in the near future, Mrs. Saffo said. -4- April 11, 1977 HEARING ON APPEAL, HOWARD SLUSHER 1518 Mr. Kinley advised the Council that he has studied the record regarding Zoning Case No. 171,a request by Howard Slusher for a conditional use permit for construction of a tennis court, and it was his opinion that the hearing should be held in accordance with the request of Mr. Slusher in his appeal, since the Council can vote during the hearing,to hold a de novo hearing if additional inform- ation is desired. Mr. Kinley said he had advised Mr. Slusher and his attorney, Mr.. Frank De Marco, that the Council will make a field trip to the property on Sunday, April 24 at 10:00 A.M., and no objections have been received. The Manager reported that Mr. Roger Meurer has indicated that his charge for accompanying the Council on the field trip and explaining the staking and grading would be $50 per hour, The Manager was directed to advise Mr. Meurer that the Council wishes him to be present at the field trip. Mayor Crocker said Mr. Slusher has requested that the hearing be scheduled for 8:30 P.M. Monday, April 25, and it was so ordered. v: '-Z NEW FURNITURE FOR TENNIS COURT 1594 Mrs. Clifton reported that the Tennis Club has purchased a new umbrella for the tennis court area, and Mrs. Shirley Gregory has requested that the four metal chairs and table on court number one which are owned by the City be eliminated, and that she be author- ized to purchase four low profile chairs which will provide more room. The cost of the chairs would be approximately $180. Councilman Heinsheimer moved that allocation of the necessary funds from the Tennis Club's allocation in the budget be approved. The motion was seconded by Councilman Rose and carried by the fol- lowing roll call vote: AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES: None ABSENT: Councilwoman Swanson CONSIDERATION OF REQUIREMENT FOR SMOKE DETECTORS 1660 The Mayor asked Mr. Jack Davidson to comment on smoke detectors. Mr. Davidson said he has been involved in tests of construction and flammability of mobile homes, and he is convinced that smoke detectors are the greatest safeguard to life under Underwriters' supervision of burn tests. Mr. Davidson said he would support any effort by the Council to require smoke detectors in new and existing construction. Mr. Kinley said he had researched the building regulations, and the Building Code requires that smoke detectors be installed in all new construction, additions, alterations, repairs or changes of use or occupancy. The Manager said she was advised that the County is -enforcing the requirement on all new construction and bedroom additions in Rolling Hills. Councilman Heinsheimer said smoke detectors should be a requirement of transfer of ownership of property. Councilman Rose said the Council should act to make smoke detectors mandatory, and he moved that the City Attorney be instructed to draft an ordinance which would require installation of smoke detectors in all residences in Rolling Hills no later than June 1, 1978. Mayor Crocker seconded the motion, and said the Fire Department could make inquiries about com- pliance part of their annual fire abatement inspection of properties. The Mayor said the assistance of the Maintenance Department could be offered for installation of smoke detectors, and he asked the City Manager to obtain cost information on quantity purchase of smoke de- tectors for purchase by residents, as an incentive for installation. -5- ` 3'2 -.'April 11.9 1977 ENVIRONMENTAL QUALITY BOARD Excerpts° from' the iiAnut&s of - the' Envir'on'mental :'Quality Board meeting on March 21; '19'77 were=presented, to`` the Council:,.-- , Councilman. Pernell, Chairman "of "'the Quality-, Board, explained that comp laints'-had-- be°en received= about vi.- ibility of trailer-s,and recrea-... tional "vehicles stored in' conspicuous- areas, and about 'manure bins in. : prominent Iocations'. Councilman Pernell said he considered the com- plaints," a ,ma.tter.,of visual pollution, and 'since; drying 'yards and refuse; =containers must be shielded from view and pool heating equip - mens is -required to be covered, he`thought'the complaints -should receive, attention. Following discuss,ioh,'the Council agreed -that compalints should be handled on an individual basi's, and`the'staff and the rubbish company should work with the resident about whom the complaint was made, to attempt to resolve the problem. REQUEST FOR RELEASE OF BOND, GORDON SHULTZ 39 (2) The Manager reported that the Landscape�Committee had recommended that a sprinkling system for Johns Canyon Road not be installed and that the'bond-be releasedto Mr. Shultz, -since properties in the sub- division have been sold 'and construction has been started. In answer_ to a question' 'about diverting the funds to ' other uses,' the Manager explained that' 'the funds could be -used only for the purpose for which they were posted. 'Councilman Rose moved that the bond be released.. The motion was seconded by Councilman-Heinsheimer and carried by the following roll call vote: AYES:' :Councilmen Heinsheimer, Pernell, Rose NOES: Mayor Crocker ABSENT:Councilwoman Swanson JOINT POWERS AGREEMENT, SOUTH BAY CORRIDOR STUDY PHASE III 54 The Mayor directed that the matter be held for the -next meeting' when Councilwoman.Swanson will be present. LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES 55 A, Tetter dated March -30, 1977 from the Department of -Health Services was. 'p'resented to the' Council. ' Mr o'. Walter F. Wilson's Envir onmental Management_ Deputy, `advised:'that 'Assembly Bill 2439, adopted by the 1976 legislature,`requires`that'each `city and county'in Cali- fornia designate an Enforc'e'ment Agency- to enforce the minimum standard -s for solid waste handling and.disposal as contained in the California AdministratiVe_Code. Further, Mr.`Wilson said the Department of Health Services: is.', willing and- has the' capabiility to act- a-s� :Enforcement Agency for the City and since the.`°Department., through its Health Services Agreement with, each city in'the'county,=i§'the only county agency .1 the" uited for oall role. serving' a"1 . he� cities.,.. s.t; %s best � e ver .s_ ; TheaKdnaget ct was direed to contact other City Managers -on the matter;, ,;and make a recommendation-- t6the- Council at' tie next meeting. PAYMENT OF ;BILLS 6-5- Councilman Rose moved that Demands No. 6080 through 6119 in the amount of ,$11,627.26 be paid from the General Fund. The motion was seconded by Mayor Crocker and carried by the following roll call vote: AYES:' Councilmembers Heinsheimer, Pernell, Rose, Mayor Crocker ABSENT: Councilwoman Swanson April 11, 1977 PROPOSED ORDINANCE AMENDING ZONINu,ORDINANCE 81 Councilman Rose 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 Heinsheimer and carried by the following roll call vote: AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES: None ABSENT: None MATTERS FROM THE COUNCIL 00 TREE REMOVAL 94 �= Councilman-Ro'se said he -is- concerned about recent removal of large mature trees from some properties. The Manager explained that removal of trees more than 12 feet high is prohibited by some, but not all, deed restrictions, and there is no ordinance in the City controlling removal of trees. TREES ON CABALLEROS ROAD 125 Councilman Heinsheimer said he had observed that on Caballeros Road large tree branches are leaning on power lines, constituting what he considered to be a health and safety hazard. The wires have been wrapped by the Edison Company, but in many cases the bark has been rubbed off the trees by contact with the wires. Mayor Crocker directed the Manager to contact the Edison Company and re- quest that the limbs be removed. WELLS 143 Councilman Heinsheimer asked whether the Council thought the matter-of,wells for -non -potable water was worth investigating, since controlled use of secondary water for landscaping and for use in case of fire would aid in conservation. The City Attorney said that at this time there has not been much interest shown. The Manager was directed to contact the Water Company for their comments on the possibility of a municipal well for certain uses. CHANGE OF ZONING 153 Councilman Heinsehimer requested that the Council consider changing the zone of certain properties in the Johns Canyon area which are currently zoned RAS -1, and which will eventually be subdivided," to RAS -2 zoning. The Manager said there is interest in developing two vacant ten acre parcels used at this time for commercial flower farming. The;City Attorney said that public hearings before the Planning Commission and City Council would be necessary for a change in zoning. The Manager was instructed to advise the Planning Commission, so a public hearing before the Commission could be scheduled. The Mayor directed that the matter be held for further consideration by the City Council. COMMUNITY AND PENINSULA YOUTH 195 .Councilman Pernell said the Peninsula High Schools have youth groups which are interested in local government, and he suggested -7- 'J, April 11, 1977 that they be invited to participate in the governmental process in local cities. He said that with the consent of the Council he wished to send letters to the student advisers inviting their groups, both in the community and on the peninsula as a whole, to attend Planning Commission and City Council meetings. The proposal was approved. PALOS VERDES PENINSULA COORDINATING COUNCIL 213 Councilman Pernell said he had been invited to represent the Rolling Hills City Council at a meeting of the Palos Verdes Peninsula Coordinating Council at the library on Wednesday, April 27. One of the questions to be asked is what each City Council thinks is the most pressing issue before the cities today. Members of the Council agreed that land use is a matter vital to peninsula cities, SWIMMING POOL, 1 RUNNINGBRAND ROAD 270 Mrs. Clifton said the Health Department had contacted her and reported that there was a serious problem of'mosquitoes and breeding larva in approximately 10 inches of standing water in the pool on the vacant property at 1 Runningbrand Road owned by Major Langer. The Health Department Sanitarian advised that a complaint would be filed with the District Attorney. The City Manager was authorized to have the pool filled with sand on the following roll call vote: AYES: Councilmen Heinsheimer, Pernell, Rose, Mayor Crocker NOES: None ABSENT: Councilwoman Swanson ADJOURNMENT 273 Mayor Crocker adjourned the meeting at 10:20 P.M. APPROVED: Mayor 10 City erk I1