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
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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.
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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
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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.
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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.
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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
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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
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